
Class E" H-O^ 
Book___ 



/ 



IN EXECUTIVE SESSION, SENATE OF THE U. STATES, 



WEDNESDAY, February 23, 1848. 

The following message was received from the President of the Uni- 
ted States, by Mr. Walker, his secretary: 

To the Senate of the United States: 

I lay before the Senate, for their consideration and advice as to> 
its ratification, a treaty of peace, friendship, limits, and settlement, 
signed at the city of Guadalupe Hidalgo, on the second day of 
February, 1848, by N. P. Trist on the part of the United States, 
and by plenipotentiaries appointed for that purpose on the part of 
the Mexican government. 

I deem it to be my duty "to state that the recall of Mr. Trist as 
commissioner of the United States, of which Congress was infoimed 
in my annual message, was dictated by a belief that his continued 
presence with the army could be productive of no good, but might 
do much harm by encouraging the delusive hopes and false impres- 
sions of the Mexicans; and that his recall would satisfy Mexico 
that the United States had no terms of peace more favorable to 
offer. Directions were given that any propositions for peace, 
which Mexico might make, should be received and transmitted by 
the commanding general of our forces, to the United States. 

It was not "expected that Mr. Trist would remain in Mexico, or 
continue in the exercise of the functions of the office of commis- 
sioner, after he received his letter of recall. He has, however, 
done so, and the plenipotentiaries of the government of Mexico, 
"with a knowledge of the fact, have concluded with him this treaty. 
I have examined it with a full sense of the extraneous circum- 
stances attending its conclusion and signature, which might be ob- 
jected to; but, conforming, as it does substantially on the main 
questions of boundary and indemnity, to the terms which our com- 
missioner, when he left the United States in April last, was au- 
thorized to offer, and animated, as I am, by the spirit which has 
governed all my official conduct towards Mexico, I have felt it to 
be my duty to submit it to the Senate for their consideration, with 
a view to its ratification. 

To the tenth article of the treaty there arc "serious objections, 
and no instructions given to Mr. Trist contemplated or authorized 
its insertion. The public lands within the limits of Texas belong 
to that State, and this government has no power to dispose of them, 
or to change the conditions of grants already made. All valid 
titles to land within the other territories ceded to the United 
States will remain unaffected by the change of sovereignty; and I 



[52] 






therefore submit that this article should not be ratified as a part of 
the treaty. 

There may be reason to apprehend that the ratification of the 
"additional and secret article" might unreasonably delay and em- 
barrass the final action on the treaty by Mexico. I therefore sub- 
mit whether that article should not be rejected by the Senate. 

If the treaty shall be ratified as proposed to be amended, the ces- 
sions of territory made by it to the United States, as indemnity, Ihe 
provision for the satisfaction of the claims of our Injured citizens, 
anil the permanent establishment of the boundary of one of the 
States of the Union, are objects gained of great national impor- 
tance; while the magnanimous forbearance exhibited towards Mex- 
ico,, it is hoped may insure a lasting, peace and good neighborhood 
between the two countries. 

I communicate herewith a copy of the instructions given to Mr. 
Slidell in November, 1845, as envoy extraordinary and minister 
plenipotentiary to Mexico; a copy of the instructions given to Mr. 
Trist in April last, and such of the correspondence of the latter 
with the Department of State, not heretofore communicated to 
Ccngfess, as will enable the Senate to understand the action which, 
has been had with a view to the adjustment of our difficulties with 
Mexico. 

JAMES K. POLK. 

Washington, February 22, 184S. 

The message was read. 

The treaty of peace, friendship, limits, and settlement between 
the United States of America and the Mexican republic, concluded 
at Guadalupe Hidalgo, on the 2d day of February, in the year 
1848, was read the first time. 

On motion by Mr. Sevier, 

Ordered, That the treaty, message, and accompanying documents 
be referred to the Committee on Foreign Relations, and printed in 
confidence for the use of the Senate. 

MONDAY, February 28, 1848. 

Mr. Sevier, from the C.ommittee on Foreign Relations, to whom: 
was referrred, the 23d instant, the treaty of peace, friendship, limits, 
and settlement between the United States of America ,and the Mexi- 
can republic, concluded at Guadalupe Hidalgo, on the 2d day of 
February, in the year 1848, reported it without amendment. 

Mr. Webster submitted the following resolution for considera- 
tion : 

Resolved, That the further consideration of the message of the 
President of the United States of the 22d of February, 1848, be 
postponed; and that it be recommended to the President of the Uni- 
ted 6 rates immediately to nominate commissioners plenipotentiary, 
not fewer than three, to proceed to Mexico, for the purpose of ne- 
gotiating with the republic of Mexico a treaty of peace, boundaries, 
and indemnities due to American citizens. 

By favinftfer 

MAY 20 190G 



5 [52] 

Mr. Houston submitted the following resolution for considera- 
tion : 

Whereas, the President of the United States did, on the 23d in- 
stant, submit to the Senate an instrument purporting to be a treaty 
between the government of the United States and the republic of 
Mexico, signed at Guadalupe Hidalgo, on the second day of the 
present month, by Nicholas P. Trist, falsely assuming to act under 
the authority of the President of the United States and Lu.s G. 
Cuevas, Bernardo Conto, and Mig. Atristain, pretending to act by 
the authority of Mexico: 

And whereas, the said Nicholas P. Trist was, at the time of sign- 
ing said instrument, acting contumaciously and in direct violation 
of the orders of his government recalling him, which orders he had 
« communicated to the Mexican authorities: 

And whereas, the said instrument having been signed by a person 
falsely representing himself as a minister of this government while' 
acting in violation of his instructions, the laws of the land, and 
the constitution of this Union, and to the great scandal of our na- 
tional character, renders the said instrument utterly void and inef- 
fectual; it would therefore be dangerous, if not ruinous, for the 
Senate, by their decision, to sanction such a flagrant disregard of 
the institutions of the country, as it would be holding out induce- 
ments to similar acts by vicious men, who may be actuated by the 
most corrupt and treasonable intentions against the liberties of the 
country: 

Arid whereas, the very peculiar circumstances under which the 
said instrument was concluded, do not leave it free from well- 
grounded suspicion of the interference of agents of other powers, 
not parties to the instrument, and whose interests are adverse to 
those of the United States; and, further, it is manifest from the 
correspondence before the Senate, that information affecting the 
character of the country as well as the instrument itself, is not be- 
fore this .body, and as the individual who sent the same has prom- 
ised much matter with the duplicate, which is to arrive soon: 

And whereas, it has been declared to be the object of the present 
war to obtain "indemnity for the past and security for the future," 
and as it is most probable that the domain proposed to be ceded by 
..Mr. Trist's agreement is all granted by Mexico, or will be covered 
by fraudulent grants, if the agreement should become a treaty, 
leaving to the United States mere civil and political jurisdiction of 
the same, while it would be incumbered by conditions relative to 
the Indians which would be worth more, in a pecuniary point of 
Tiew, than all the vacant land acquired, and which would leave the 
government of the United States no indemnity in honor for the 
lives of its gallant sons who have fallen, no indemnity for the mil- 
lions expended, nor for the blur which must dim the lustre of our 
national escutcheon: 

And whereas, the conduct of the authorities of Mexico have been 
such as to justify this government to treat her as a conquered people, 
and to claim a full indemnity for all the injuries which we, as a na- 
tion, have sustained from her since she has claimed to be a repubiicj 



[52] 6 

it would therefore be but just to the nation and benificent to those 
of her people who would fall thereby into the United States, that 
the line of the portion of territory to be claimed should begin one 
league south of Tan pico, on the sea shore, and from thence run- 
ning in a straight line west northwest from the beginning, and 
passing one league south of San Louis Potosi, to the summit of 
the main ridge of the Sierra Madre and thence northwest along the 
said ridge of the Sierra, until it strikes the twenty-filth degree of 
north latitude, and then with said degree or parallel west until it 
reaches the eastern line of Lower California, thence pursuing' said 
line south and west until it reaches the Pacific ocean, including 
such islands as may lie within six leagues of the shore acquired by 
the United States as a "just indemnity for the past:" 

And whereas, it is not probable, or even to be supposed, that 
Mexico will be able to establish and maintain order for the future, 
it is then proper, and wil 1 be wisdom, to retain possession of Vera 
Cruz and the Castle of San Juan d'Ulloa, to be garrisoned by a 
force sufficient for its defence and other points, if needful, as "se- 
curity for the future," until Mexico shall manifest her capacity or 
incapacity for self-government, so that foreign powers may not 
have a pretext for interference in the policy of nations upon this 
continent; and if they should attempt to interfere, that the United 
States will be in a condition to vindicate her rights and national 
honor: 

And whereas, if Mexico is acting in good faith and is disposed 
to carry out thg agreement now before the Senate for its action, 
the Executive has power to send an authorized agent or agents, 
and give such instructions as he may advise, and thereby rebuke 
the audacious interference of unauthorized agents in the diplomacy 
of our country, and prevent a like transaction, or to send a gentle- 
man whose intelligence and integrity will restrain him from at- 
tempting any violation of the rights or territory of any sovereign. 
State of this Union: 

Therefore, 

Resolved, That the before described agreement be rejected by 
the Senate. 

Mi. Baldwin submitted a resolution, which having been consid- 
ered, by unanimous consent, was, on motion by Mr. Dickinson, 
amended and agreed to, as follows: 

Resolved, That the President be requested to communicate to the 
Senate, in confidence, the entire correspondence between Mr. Trist 
and the Mexican commissioners from the time of his arrival in 
Mexico until the time of the negotiation of the treaty submitted to 
the Senate; and, also, the entire correspondence between Mr. Trist 
and the Secretary of State in relation to his negotiations with the 
Mexican commissioners; also, all the correspondence between Gen- 
eral Scott and the government and between General Scott and Mr. 
Trist since the arrival of Mr. Trist in Mexico, which may be in 
possession of the government. 

Ordered, That the Secretary lay the said resolution before the 
President of the United States. 



4 



[52 



TUESDAY, February 29, 1848. 



The following message was received from the President of tilt 
United States, by Mr. Walker, his secretary: 

[confidential.] 

To the Senate of the United States: 

In compliance with the resolution of the Senate, passed in " ex- 
ecutive session" on yesterday, requesting t' e President "to com- 
municate to the Senate in confidence the entire correspondence be- 
tween Mr. Trist and the Mexican commissioners, from the time of 
his arrival in Mexico until the time of the negotiation of the treaty 
submitted to the Senate; and also the entire'correspondence between 
Mr. Trist and the Secretary of State, in relation to his negotiations 
with the Mexican commissioners; also, all the correspondence be- 
tween General Scott and the government, and between General 
Scott and Mr. Trist, since the arrival of Mr. Trist in Mexico, 
which may be in the possession of the government," I transmit 
herewith the correspondence called for. These documents are very 
voluminous, and presuming that the Senate desired them in refer- 
ence to early action on the treaty with Mexico, submitted to the 
consideration of that body by my message of the 22d instant, the 
originals of several of the letters of Mr. Trist are herewith com- 
municated, in order to save the time which would necessarily be 
required to make copies of them. These original letters it is re- 
quested may be returned when the Senate shall have no further use 
for them. 

The letters of Mr. Trist to the Secretary of State, and especially 
such of them as bear date subsequent to the receipt by him of his 
letter of recall as commissioner, it will be perceived, contain much 
ir.atter that is impertinent, irrelevant, and highly exceptionable, 
Four of,these letters, bearing date respectively the 29th December, 
1847, January 12, January 22, and January 25, 1818, have been re- 
ceived since the treaty was submitted to the Senate. In the latter, 
it is stated that the Mexican commissioners who signed the treaty 
derived " their full powers bearing date on the 30th December, 1847j 
from the President ad interim, of the republic, (General Anaya,) 
constitutionally elected to that office in November by the sovereign 
constituent Congress" of Mexico. It is impossible that I can ap- 
prove the conduct of Mr. Trist is disobeying the positive orders of 
his government, contained in the letter recalling him, or do other- 
wise than condemn much of the matter with which he has chosen 
to encumber his voluminous correspondence. Though all of his 
acts, since his recall, might have been disavowed by his govern- 
ment, yet Mexico can take no such exception. The treaty which 
the Mexican commissioners have negotiated with him, with a full 
knowledge on their part that he had been recalled from his mission 5 
is binding on Mexico. 

Looking at the actual condition of Mexico, and believing that, if 
the present treaty be rejected, the war will probably be continued^. 



[52] 



8 



at great expense of life and treasure, for an indefinite period; and 
considering that the terms, with the exceptions mentioned in my 
message of the 22d instant, conformed substantially, so far as re- 
lates to the main question of boundary, to those authorized by me 
in April last, I considered it to be my solemn duty to the country, 
uninfluenced by the exceptionable conduct of Mr. Trist, to submit 
the treaty to the Senate, with a recommendation that it be ratified 
with the modifications suggested. 

Nothing contained in the letters received from Mr. Trist since it 
was submitted to the Senate has changed my opinion on the subject. 

The resolution also calls for "all the correspondence between 
General Scott and the government since the arrival of Mr. Trist in 
Mexico." A portion of that correspondence, relating to Mr. Trist 
and his mission, accompanies this communication. The remainder 
of the " correspondence between General Scott and the govern- 
ment" relates mainly if not exclusively to military operations. A 
part of it was communicated to Congress with my annual message, 
and the whole of it will be sent to the Senate if it shall be desired 
by that body. 

As coming within the purview of the resolution, I also commu- 
nicate copies of the letters of the Secretary of War to Major Gene- 
ral Butler, in reference to Mr. Trist's remaining at the head-quarters 
of the army in the assumed exercise of his powers of commissioner. 

JAMES K. POLK. 

Washington, February 29, 1848. 

The message was read. 

On motion by Mr. Houston, 
Ordered, That the message and documents communicated there- 
with be printed in confidence for the use of the Senate. 

The Senate proreeded to consider the resolution submitted by 
Mr. Webster, the 28th instant; and after debate, 
On motion by Mr. Johnson, of Maryland, 
The Senate adjourned. 

WEDNESDAY, March 1, 1848. 

The treaty of peace, friendship, limits, and settlement between 
the United States of America and the Mexican republic, concluded 
at Guadalupe Hidalgo on the 2d day of February, in the year 1848, 
was read the second time. 

On motion by Mr. Sevier, 
Ordered^ That the Secretary withdraw from the printer the mes- 
sage and documents which were on the 29th February ordered to 
be printed in confidence for the use of the Senate. 
On motion by Mr. Badger, 
The Senate proceeded to reconsider the order for the printing of 
the message and documents received on the 29th February; and, 
On motion by Mr. Sevier, 
Ordered^ That the message with the accompanying documents, 
except those received from Nathaniel P. Trist, be piinted in conn- 



9 [52] 

dence for the use of the Senate; and that the latter be referred to 
the Committee on Foreign Relations. 

Mr. Houston submitted the following resolution for consideration: 

Resolved, That the reporter of the Senate be sworn to preserve 
inviolable secrecy regarding the proceedings and debates of the 
Senate, while the subject of the treaty with Mexico shall be under 
consideration in executive session; and that he be. admitted into the 
Senate chamber during the discussion of that subject with a view- 
to report the debates under the injunction of secrecy, and subject 
to the future order of the Senate. 

The Senate resumed the consideration of the resolution submitted 
by Mr. Webster, the 28ih instant; and, after debate, 
On motion by Mr. Johnson, of Maryland, 

The Senate adjourned. 

THURSDAY, Makch 2, 1848. 

Mr. Mangum, from the Committee on Foreign Relations, to whom 
was referred, on the 1st instant, the correspondence from Nathaniel 
P. Trist, received with the message of the 29th Feb-uary, reported 
that the letter from N. P. Trist, of the 25th January, 1848. alone, 
be printed; but that the committee had examined all the letters and 
marked such parts as, in their opinion, should be omitted in any 
order to print those letters. 

On motion by Mr. Webster, 

Ordered, That the correspondence of Nathaniel P. Trist, with the 
exception of such parts as have been marked for omission by the 
Committee on Foreign Relations, be printed in confidence lor the 
use of the Senate. 

The Senate resumed the consideration of the resolution submitted 
"by Mr. Webster, the 28th instant; and, 
On motion by Mr. Mangum, 

Ordered, That it lie on the table. 
On motion by Mr. Houston, 

The Senate proceeded to consider the resolution, submitted the 
1st instant, to admit the reporter of debates in executive session; 
and, 

On the question to agree thereto, 

It was determined in the negative. 
On motion by Mr. Sevier, 

The Senate, as in Committee of the Whole, proceeded to con- 
sideV the treaty of peace, friendship, limits, and seitWment between 
the United States of America and the Mexican republic. 
On motion by Mr. Sevier, 

To strike out the tenth article of the treaty, a debate ensued. 
On motion by Mr. Miller, 

That the Senate adjourn. 

It was determined in the negative, < -^ , oq 

On motion by Mr. Sevier, 
The yeas and nays being desired by one-fifth of the Senators present. 



[59] 



10 



Those who voted in the affirmative are, 

Messrs. Badger, Benton, Berrien, Claike, Clayton, Corwin. Crit- 
tenden, Davis, of Massachusetts, Dayton, Gieene, Mangura, Miller, 
Spruance, Underwood, Upham. 

Those who voted i;i the negative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Baldwin, Bradbury, 
Breese, Bright, Butler, Cass, Davis, of Mississippi, Dickinson, Dix, 
Douglass, Downs, F< Id , Foot, Hannegan, Houston, Hunter, John- 
son, of Maryland, Johnson, of Georgia, Lewis, Mason, Moor, Niles, 
Sevier, Sturgeon, Turney, Yulee. 

The question recurring on the motion of Mr. Sevier, to strike out 
the tenth article of the treaty: • 

On motion, by Mr. Crittenden, 

To divide the question, by striking out from the tenth article the 
words from "but" to "void," inclusive: 

The question was stated, "Shall these words stand as part of the 
tenth article?" to wit: 

"But the grantees of lands in Texas, put in possession thereof, 
who, by reason of the circumstances of the country since the be- 
ginning of the troubles between Texas and the Mexican 'govern- 
ment, may have been prevented from fulfilling all the conditions of 
thpir grants, shall be under the obligation to fulfil the said condi- 
tions within the periods limited in the same respectively; such pe- 
riods to be now counted from the date of the exchange of ratifica- 
tions of this treaty; in default of which the said grants shall not 
be obligatory upon the State of Texas, in virtue of the stipulations 
contained in this article. 

"The foregoing stipulation in regard to grantees of land in Texas 
is extended to all grantees of land in the territories aforesaid else- 
where than in Texas, put in possession under such grants; and, in 
default of the fulfilment of the conditions of any such grant, within 
the new period, which, as is above stipulated, begins with the day 
of the exchange of ratifications of this trea'y, the same shall be 
null and void:" 

And it was determined in the negative — nays 48. 

Those who voted are, 

Messrs. Allen, Ashley, Atherton, Badger, Baldwin, Bell, Benton, 
Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, 
Clayton, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mis- 
sissippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, 
Hale, Houston, Hunter, Johnson, of Maryland, Johnson, of Georgia, 
Lewis, Mangum, Mason, Miller, Moor, Niles,- Pearce, Rusk, Sevier, 
Spruance, Sturgeon, Turney, Underwood, Upham, Westcott, Yutee. 
On motion, by Mr. Mangum, further to divide the question, by 
striking out the last sentence of the tenth article; 

The question was stated, "Shall these words stand as part of the 
tenth article?" to wit: 

" The Mexican government declares that no grant whatever of 
lands in Texas has been made since the second day of March, one 
thousand eight hundred and thirty-six; and that no grant whatever 



11 [ 52 ] 

''-of lands in any of the territories aforesaid has been made since the 

thirteenth day of May, one thousand eight hundred and forty-six;" 

. , .\ ,, . i ■'• ,, 4 - S Yeas 17 

And it was determined in the negative, < XT * 

b ' / Nays ,. 32 

Those who voted in the affirmative are, 

Messrs. Badger, Baldwin, Bell, Berrien, Butler, Clarke, Corwin, 
Crittenden, Dayton, Greene, Johnson, of Maryland, Johnson, of 
Georgia, Miller, Pearce, Spruance, Underwood, Upham. 

Those who voted in the negative are, 

Messrs Allen, Ashley, Atchison, Atherton. Benton, Bradbury, 
Breese, Bright, Calhoun, Cass, Davis, of Massachusetts, Davis, of 
Mississippi, Dickinsin, Dix, Douglas, Downs, Felch, Foote, Hale, 
Houston, Hunter, Lewis, Mangum, Mason, Moor, Niles, Rusk, Se- 
Tie'r, Sturgeon, Turney, Westcott, Yulee. 

The question then recurring on striking out the remaining part of 
the tenth article; 

On motion by # Mr. Bell, 

The Senate adjourned. 

FRIDAY, March 3, 1848. 

The Senate, as in Committee of the Whole, resumed the consid- 
eration of the treaty of peace, friendship, limits, and settlement 
between the United States of America and the Mexican republic; 
and the question recurring on striking out the i^maining part of 
the tenth article. 

After debate, 

The question.was stated, "Shall these words stand as part of the 
treaty?" to wit: 

"All grants of land made by the Mexican government, or by the 
competent authorities in territories previously appertaining to Mex- 
ico and remain'ng for the future within the limits of the United 
States, shall be respected as valid to the s?me extent that the same 
grants would be valid if the said territories had remained within the 
limits of Mexico;" 

( Yeas 1 Q 

And it was determined in the negative, < ^ **' i* 

. b ' I Nays ' 33 

Those who voted in the affirmative are, 

Messrs. Ashley, Badger, Baldwin, Berrien, Butler, Clarke, Clay- 
ton, Corwin, Crittenden, Dayton, Greene, Hale, Johnson, of Mary- 
land, Johnson, of Louisiana, Mangum, Miller, Pearce, Spruance, 
Upham. 

Those who voted in the negative are, 

Messrs. Allen, Atchison, Atherton, Bagby, Bell, Benton, Brad- 
bury, Breese, Bright, Calhoun, Cass, Dickinson, Dix, Douglas, 
Downs, Felch, Foote, Hannegan, Houston, Hunter, Johnson, of 
Georgia, Lewis, Mnson, Moor,' Niles, Phelps, Rusk, Sevier, Stur- 
geon, Turney, Underwood, Westcott, Yulee. ' 
On motion, by Mr. Breese, 
•To strike out of the eleventh article the following words, to wit: 



[52] 



12 



And it was determined in the negative, < -^ 



"Nor to provide such Indians with firearms or ammunition, by 
Fale or othewise." 

After debate, 

The question was stated, " Shall these words stand as part of the 
eleventh article?" 

~ T eas 20 

Tays 29 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Bagby, Bell, 'Butler, Cass, Dickinson, 
Dix, Foote, Hale, Johnson, of Maryland, Johnson, of Louisiana, 
Johnson, of Georgia, Mangum, Mason, Miller, Moor, Sevier, Stur- 
geon, Turney. 

Those who voted in the negative are, 

Messrs. Allen, Atchison, Badger, Baldwin, Benton, Berrien, 
Bradbury, Breese, Bright, Calhoun, Corwin, Crittenden, Davis, of 
Massachusetts, Davis, of Mississippi, Douglas, Downs, Felch, Han- 
negan, Houston, Hunter, Lewis, Niles, Phelps, Rusk, Spruance, Un- 
derwood, Webster, Westcott, Yulee. 
On motion, by Mr. Rusk, 

To strike out of the eleventh article the following words, to wit: 

"And in the event of any person or persons captured within 
Mexican territory by Indians, being carried into the territory of 
the United States, the government of the latter engages and binds 
itself in the most solemn manner, so soon as it shall know of such 
captives being within its territory, and shall be able so to do, 
through the faithful exercise of its influence and power, to rescue 
them and return them to their country, or deliver them to the 
agent or representative of the Mexican government. The. Mexican 
authorities will, as far as practicable, give to the government of the 
United States notice of such captures; and its agent shall pay the 
expenses incurred in the maintenance and transmission of the res- 
cued captives, who in the mean time shall be treated with the ut- 
most hospitality by the American authorities at the place where 
they may be. But if the government of the United States, before 
receiving such notice from Mexico, should obtain intelligence 
through any other channel of the existence of Mexican captives 
within its territory, it will proceed forthwith to effect their release 
and delivery to the Mexican agent, as above stipulated. 

"For the purpose of giving to these stipulations the fullest 
possible efficacy, thereby affording the security and redress de- 
manded by their true spirit and intent, the government of the Uni- 
ted States will now and hereafter pass, without unnecessary delay, 
and always vigilantly enforce, such laws as the nature of the sub- 
ject may require; and, finally,- the sacredness of this obligation 
shall never be lost sight of by the said government, when provi- 
ding for the removal of the Indians from any portion of the said 
territories, or for its being settled by citizens of the United States; 
but, on the contrary ,*speeial care shall then be taken not to place 
its Indian occupants under the necessity of seeking new homes, by 
committing those invasions which the United States have solemnly 
obliged themselves to restain." 



13 [ 52 ] 

After debate, 

The question was stated, "Shall these words stand as part of 
the eleventh article?" 

f YpTC Oft 

And it was determined in the affirmative, < XT X 

' I Nays 12 

Those who voted in the affirmative are, 

Messrs. Ashley, Atchison, Atherton, Bagby, Baldwin, Bell, Brad- 
bury, Breese, Bright, Butler, Calhoun, Cass, Crittenden. Davis, of 
Massachusetts, Dayton, Dickinson, Dix, Downs, Felch, Foote, 
Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, 
of Georgia, Mangura, Mason, Miller, Moore, Niles, Phelps, Sevier, 
Spruance, Sturgeon, Turney, Underwood, Upham, Yulee. 

Those who voted in the negative are, 

Messrs. Allen, Badger, Benton, Berrien, Corwin, Davis, of Mis- 
sissippi, Douglas, Houston, Lewis, Rusk, Webster, Westcott. 
On motion, by Mr. Douglas, 

To strike out of the eleventh article the following words, to wit: 

"Considering that a great part of the territories which, by the 
present treaty, are to be comprehended for the future within the 
limits of the United States, is now occupied by savage tribes, who 
will hereafter be under the exclusive control of the government of 
the United States, and whose incursions within the territory of 
Mexico would be prejudicial in the extreme; it is solemnly agreed 
that all such incursions shall be forcibly restrained by the govern- 
ment of the United States whensoever this may be necessary; and 
that when they cannot be prevented they shall be punished by the 
said government, and satisfaction for the same shall be exacted: all 
in the same way, and with equal diligence and energy, as if the 
same incursions were meditated or committed within its own terri- 
tory against its own citizens." 

After debate, 

The question was stated, "Shall these words stand as part of the 
eleventh article?" 

And it was determined in the affirmative, < XT eaS ^ 

'fNays 5 

Those who voted in the affirmative are, 

Messrs. Ashley, Atchison, Atherton, Badger, Bagby, Baldwin 
Bell, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, 
Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi 
Dayton, Dickinson, Dix, Downs, Felch, Foo'.e, Greene, Hale, Han- 
negan, Houston, Hunter, Johnson, of Maryland, Johnson, of Loui- 
siana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles, 
Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, 
Upham, Webster, Yulee. 

Those who voted in the negative are, 

Messrs. Allen, Benton, Douglas, Lewis, Westcott. 
On motion by Mr. Sevier, 

To strike out the additional and secret article of the treaty. 

The question was stated, "Will the Senate advise and consent to 
the ratification of this article V 3 



[52] 



14 



And it was dAermined in the negative, ) }J 



eas 2 

fays 48 

Those who voted in the affirmative are, 

Messrs. Baldwin and Johnson, of Maryland. 

Those who voted in the negative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Badger, Bagby, Bell, 
Benton, Berrien, Bradbury, Breese, Bright, Butltr, Calhoun, Cass, 
Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, 
Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Han- 
negan, Houston, Hunter, Johnson, of Louisiana, Johnson, of Geor- 
gia, Lewis, Mangum, Mason, Moor, Niles, Phelps, Rusk, Sevier, 
Spruance, Sturgeon, Turney, Underwood, Upham, Webster, West- 
cott, Yulee. 

On motion by Mr. Berrien, 

The Senate adjourned. 

SATURDAY, March 4, 1848. 

The Senate, as in Committee of the Whole, resumed the consid- 
eration of the treaty of peace, friendship, limits, and settlement be- 
tween the United States or" America and the Mexican republic. 
On motion by Mr. Westcott, 
To strike out of the fifteenth article the following words, to wit: 
'To an amount not exceeding three and one quarter millions of 
dollars." 

The question was stated, " Shall these words stand as part of the 
fifteenth article V 

And it was determined in the affirmative, < -^ , q 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Bagby, Baldwin, Bell, Benton, Ber- 
rien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Crit- 
tenden, Davis, of Massachusetts, Dayton, Dickinson, Dix, Downs, 
Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Mary- 
land, Johnson, of Georgia, Lewis, Mason, Miller, Moor, Niles, 
Pearce, Phelps, Sevief, Spruance, Sturgeon, Turney, Underwood, 
Yulee. 

Those who voted in the negative are, 

Messrs. Badger, Corwin, Davis, of Mississippi, Houston, Johnson, 
of Louisiana, Mangum, Rusk, Upham, Westcott. 
On motion by Mr. Douglas, 

To strike out of the fourth article the following words, to wit: 

"It is also agreed, that if any Mexicans should now be held as 
captives by any savage tribe within the limits of the United States, 
as about to be established by the following article, the eovernment 
of the said United States will exact the release of such captive*, 
and cause them to be restored to their country." 

After debate, 

The question was stated. "Shall these words stand as part of X\f 
fourth article V 



15 [ 52 ] 

And it was determined in the affirmative, < -vr ? 

'(Nays 10 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Breese, 
Bright, Butler, Calhoun, Cass, Corwin, Crittendeja, Davis, of Mas- 
sachusetts, Davis, of Mississippi, Dayton, Dix, Downs, Felch, 
Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, 
Johnson, of Louisiana, Mangum, Mason, Miller, Moor, Niles, 
Pearce, Phelps, Sevier, Sturgeon, Turney, Underwood, Upham 
Yulee. 

Those who voted in the negative are, 

Messrs. Allen, Benton, Clarke, Dickinson, Douglas, Houston, 
Johnson, of Georgia, Lewis, Rusk, Westcott. 
On motion of Mr. Davis, of Mississippi, 

To strike out of the fifth article the following words, to wit: 

11 And no change shall ever be made therein, except by the ex- 
press and free consent of both nations, lawfully given by the gene- 
ral government of each, in conformity with its own constitution." 

After debate, 

The question was stated, "Shall these words stand as part of the 
fifth article?" 

And it was determined in the affirmative, < X1 **" 

' ( Nays U 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Berrien 
Bradbury, Bright, Butler, Calhoun, Cass, Clarke, Corwin, Crittenden 
Davis, of Massachusetts, Dayton, Dix, Downs, Felch, Foote, Greene 
Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Lou- 
isiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles 
Pearce, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Under- 
wood, Upham. 

Those who voted in the negative are, 

Messrs. Allen, Atchison, Benton, Breese, Davis, of Mississippi 
Dickinson, Douglas, Houston, Lewis, Westcott, Yulee. 
On motion by Mr. Davis, of Mississippi, 

" To strike out of the twenty-second article the following words 
to wit: 

"Upon the entrance of the armies of either nation into the terri- 
tories of the other, women and children, ecclesiastics, scholars of 
every faculty, cultivators of the earth, merchants, artisans manu- 
facturers, and fishermen, unarmed and inhabiting unfortified towns 
villages, or places, and in general all persons whose occupations 
aie for the common subsistence and benefit of mankind, shall be 
allowed to continue their respective employments, unmolested in 
their persons. Nor shall their houses or goods be burnt or other- 
wise destroyed, nor their cattle taken, nor their fields wasted by 
the armed force into whose power, by the events of war, they may 
happen to fall; but if the necessity arise to take any thing from 
them for the use of such armed force, the same shall be paid for at 
an equitable price. All churches, hospital*, schools, colleges, libra- 
ries, and other establishments for charitable and beneficent pur- 



[ 52 ] 16 

poses, shall be respected, and all persons connected with the same 
protected in the discharge of their duties and the pursuit of their 
vocations." 

After debate, 

The question was stated, "Shall these words stand as part of the 

twenty-second article ?'•' 

, A b , * ,, ' re .- S Yeas 45 

And it was determined in the affirmative, < ^ k 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Ber- 
rien Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Cor- 
win Davis, of Massachusetts, Dayton, Dickinson, Dix, Douglas, 
Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, 
of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, 
Mason, Miller, Moor, Niles, Pearce, Phelps, Rusk, Sevier, Spru- 
ance, Sturgeon, Turney, Underwood, Upham, Yulee. 

Those who voted in the negative are, 

Messrs. Benton, Davis, of Mississippi, Houston, Lewis, Westcott. 
On motion by Mr. Johnson, of Maryland, 

That the Senate adjourn. 

c Yeas 25 

It was determined in the negative^ Nays'.'.'.... .......... 29 

On motion by Mr. Sevier, 

The yeas and nays being desired by one-fifth of the Senators present, 

Those who voted in the affirmative are, 

Messrs. Atchison, Badger, Bagby, Baldwin, Bell, Benton, Ber- 
rien Clarke, Corwin, Crittenden, Davis, of Massachusetts, Day- 
ton Greene, Johnson, of Maryland, Johnson, of Louisiana, Lewis, 
Miller, Pearce, Phelps, Rusk, Spruance, Underwood, Upham, Web- 
ster, Westcott. 

Those who voted in the negative are, 

Messrs. Allen, Ashley, Atherton, Bradbury, Breese, Bright, But- 
ler Calhoun, Cass, Davis, of Mississippi, Dickinson, Dix, Douglas, 
Downs, Felch, Foote, Hale, Hannegan, Houston, Hunter, Johnson, 
of Georgia, Mangum, Mason, Moor, Niles, Sevier, Sturgeon, Tur- 
ney, Yulee. »,-... 
On motion by Mr. Davis, of Mississippi, 

To strike out of the fifth article the following words, to wit: 

" The mouth of the Rio Grande, otherwise called Rio Bravo del 
Norte or opposite the mouth of its deepest branch, if it should 
have more than one branch emptying directly into the sea; from 
thence, up the middle of that river, following the deepest channel, 
where it has more than one, to the point where it strikes the south- 
ern boundary of New Mexico; thence, westwardly, along the whole 
southern boundary of New Mexico (which runs north of the town 
called Passo) to its western termination; thence, northward, along 
the western line of New Mexico, until it intersects the first branch 
of the river Gila, (or if it should not intersect any branch of that 
river then to the point on the said line nearest to such branch, and 
thence in a direct line to the same; thence down the middle of the 
said branch and of the said river, until ii empties into the Rio Col- 



17 [52J 

orado; thence, across the Rio Colorado, following the division line 
between Upper and Lower California, to the Pacific ocean. 

u The southern and western limits of New Mexico, mentioned frt 
this article, arc those laid down in the map, entitled l map of the 
United Mexicun States, as organized and defined by various acts of 
the Congress of said republic, and constructed according to the best 
authorities Revised edition. Published at New York in 1847 by 
J. Disturnell:* of which map a copy is added to this treaty, bear- 
ing the signatures and seals of the undersigned plenipotentiaries. 
And, in order to preclude all difficulty in tracing upon the ground 
the limit separating Upper from Lower California, it is agreed that 
the said limit shall consist of a straight line, drawn from the middle 
of the Rio Gila, where it unites with the Colorado, to a point on 
the coast of the Pacific ocean, distant one marine league due south 
of the southernmost. point of the port of San Diego, according to 
the plan of said port, made in the year seventeen hundred and 
eighty-two by Don Juan Pantoja, second sailingmaster of the Span- 
ish fleet, and published at Madrid in the year 1802, in the atlas to 
the voyage of the schooners Sutil and Mexicana; of which plan a 
copy is hereunto added, signed and sealed by the respective pleni- 
potentiaries." 

The question was stated, " Shall these words stand as part of the 
fifth article %"• 

On motion by Mr. Lewis, 

That the Senate adjourn. 

It was determined in the affirmative, < XT ,« 

' I JNays 10 

On, motion by Mr. Sevier, 

The yeas and nays being desired by one-fifth of the Senators present , 

Those who voted in the affirmative are, 

Messrs. Atchison, Badger, Bagby, Baldwin, Bell, Benton, Ber- 
rien, Calhoun, Clarke, Corwin, Crittenden, Davis, of Massachusetts, 
Dayton, Greene, Houston, Johnson, of Maryland, Johnson, of Lou- 
isiana, Johnson, of Georgia, Lewis, Miller, Pearce, Phelps, Rusk, 
Spruance, Underwood, Upham, Westcott. 

Those who voted in the negative are, 

Messrs. Ashley, Atherton, Bradbury, Breese, Bright, Butler, 
Cass, Dickinson, Douglas, Downs, Foote, Hannegan, Hunter, Man- 
gum, Mason, Moor, Sevier, Turney, Yuiee. 

So the Senate adjourned. 

MONDAY, March 6, 1848. 

The Senate, as in Committee of the Whole, resumed the consid- 
eration of the treaty of peace, friendship, limits, and settlement 
between the United States of America and the Mexican republic; 
and the question recurring on the motion of Mr. Davis, of Missis- 
sippi, to strike out the words stated from the fifth article, 

On motion, by Mr. Davis, of Mississippi, and by unanimous con- 
sent, 

Ordered, 1 hat he have leave to withdraw the said motion. 
2 



[52 



18 



On motion, by Mr. Davis, of Mississippi, to insert the followingy ■ 
to wit: 

Article X. The boundary line between the two republics shall 
commence in the Gulf of Mexico, three leagues from land, opposite 
a point midway between the mouths of the river San Fernando and 
Santander, (Boquillas Cerradas and Barra de Santander,) thence 
westwardly to the town of Labradores, at the head of the mountain 
pass, from the plain of Linares, thence to Agua Nueva, thence to 
the southwestern angle of the State of Cohahuila, thence north- 
wardly along the highlands of the Balson de Malpimi and Santa 
Rosa mountains to the Rio Grande, the line to be so traced as to 
include the sources of the river Sabinas, and to intersect the Rio 
Grande above the mouth of the river Puerco, thence up the main 
channel of said Rio Grande to the thirty-first parallel of north lati- 
tude, the-nce due west to the thirty fourth. meridian of longitude 
west of Washington, thence, in a direct line, to a point on the Rio 
Colorado of the west, ten miles below the junction of the Gila and 
Colorado rivers, thence to a point on the coast of the Pacific ocean, 
one marine league south of the most southern point of the harbor 
of San Diego. 

u In order to designate the boundary line with due precision, 
upon authoritative maps, and to establish upon the ground land- 
marks which shall show the limits of both republics, as described 
in the present article, the two governments shall each appoint a 
commissioner and a surveyor, who, before the expiration of one year 
from the date of the exchange of the ratifications of this treaty, 
shall meet at the port of San Diego, and proceed to run and mark 
the said boundary in its whole course to the mouth of the Rio Bravo 
del Norte. They shall keep journals and make out plans of their 
operations; and the result agreed upon by them shall be deemed a 
part of this treaty, and shall have the same force as if it were in- 
serted therein. The two governments will amicably agree regard- 
ing what may be necessary to these persons, and also as to their 
respective escorts, should such be necessary." 

After debate, 

The question was stated, " Will the Senate advise and consent to 
the ratification of this article 7" 

f Yeas 11 

And it was determined in the negative, < ^ .* 

Those who voted in the affirmative are, 

Messrs. Allen, Atchison, Davis, .of Mississippi, Dickinson, Dou- 
glas, Hannegan. Houston, Lewis, Rusk, Turney, Westcott. 

Those who voted in the negative are, 

Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Ben- 
ton, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cameron, 
Cass, Clark?, Clayton, Corwin, Crittenden, Davis, of Massachusetts, 
Dayton, Dix, Downs, Felch, Foote, Greene, Hale, Hunttr, John- 
son, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, 
Mangum, Mason, Miller, Moor, Niles, Pearce, Phelps, Sevier, 
Spruance, Sturgeon, Underwood, Upham, Webster. 
On motion by Mr. W r estcott, 



19 [ 52 ] 

To strike out of the ninth article the following words, to wit: 

u T!ie relations and communication between the Catholics living 
in the territories aforesaid, and their respective ecclesiastical au- 
thorities, shall be open, free, and exempt from all hindrance what- 
ever, even although such authorities should reside within the limits 
of the Mexican republic, as defined by this treaty; and this freedom 
shall continue, so long as a new demarcation of ecclesiastical dis- 
tricts shall not have been made, conformably'with the laws of the 
Roman Catholic church." 

After debate, 

On motion by Mr. Atchison, 

The Senate adjourned. 

TUESDAY, March 7, 1848. 

The Senate, as in Committee of the Whole, resumed the consid- 
eration of the treaty of peace, friendship, limits, and .settlement 
"between the United States, of America and the Mexican republic; 
and the question recurring on the, motion of Mr. Westcott to strike 
out the words stated from the ninth article, 

On motion by Mr. Westcott, and by unanimous consent, 

Ordered, That he have leave to withdraw the said motion. 
On motion by Mr. Johnson, of Georgia, 

To insert in the ninth article, after the words u Mexican laws,'* 
the following words, to wit: not inconsistent with the constitution 
and laws of the United States. 

The question was stated, " Shall these words stand'as part of the 

ninth article V 

f Yeas 38 

And it was determined in the affirmative, < XT „ 

' I Jxays 7 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atherton, Baldwin, Bell, Berrien, Breese, 
Butler, Calhoun, Cameron, Clarke, Corwin, Crittenden, Davis, of 
Mississippi, Dayton, Dickinson, Dix, Felch, Foote, Greene, Hale, 
Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of 
Georgia, Mangum, Mason, Miller, Niles, Rusk, Sevier, Spruance, 
Sturgeon, Turney, Underwood, Upham, Westcott, Yulee. 

Those who voted in the negative are, 

Messrs. Atchison, Badger, Bright, Davis, of Massachusetts, 
Downs, Lewis, Moor. 

On motion of Mr. Johnson, of Georgia, 

To insert at the end of the ninth article the following 1 , to witr ' 

Provided nothing herein contained shall be so construed as to se- 
cure to Roman Catholics their religious corporations or communities^ 
or the ecclesiastical authorities of the Roman Catholic church any 
ether rights and privileges than such as are enjoyed by other reli- 
gious sectS) their corporations or communities ^ or ecclesiastical <Mi- 
thorities, in the United States. 

The question was stated, " Shall these Words stand as part of the 

ninth article V J 

c Yeas 13 

And it was determined in the negative, < XT ' *£ 

b ' ( IS ays 29 



\ 



52] 



20 



Those who voted in the affirmative are, 
Jjf Messrs. Atchison, Bradbury, Bree&e, Calhoun, Hannegan, John- 
*0n, of Georgia, Lewis, Mason, Rusk, Sevier, Tumey, Underwood, 
Westcott. 

Those who voted in the negative are, 

Messrs. Ashley, Atherton, Badger, Baldwin, Bell, Berrien, Bright, 
Butler, Clark, Corwin, Crittenden, Davis, of Massachusetts, Davis, 
of Mississippi, Downs, Felch, Foote, Greene, Hale, Johnson, of 
Maryland, Johnson, of Louisiana, Mangum, Moor, Niles, Pearce, 
Phelps, Spruance, Sturgeon, Upham, Yulee. 
On motion by Mr. Westcott, 

To strike out of ihe ninth article the following words, to wit: 

" Finally, the relations and communication between the Catho- 
lics living in the territories aforesaid, and their respective ecclesi- 
astical authorities, shall be open, free, and exempt from all hind- 
rance whatever, even although such authorities should reside within 
the limits'of the Mexican republic, as defined by this treaty; and 
this freedom shall continue so long as a new demarcation of eccle- 
siastical districts shall not have been made, conformably w r ith the 
laws of the Roman Catholic church." 

After debate, 

The question was stated, " Shall these words stand as part of the 

ninth article ?" 

. , • t , ■ , • ,, , • S Yeas , 18 

And it was determined in the negative, < -^ 2 q 

Those w r ho voted in the affirmative are, 

Messrs. Ashley, Atherton, Bradbury, Butler, Cameron, Dickinson, 
Dix, Downs, Felch, Foote, Hale, Johnson, of Louisiana, Moor, 
Nilcs, Sevier, Sturgeon, Turney, Yulee. 
Those who voted in the negative are, 

Messrs. Atchison, Badger, Bell, Berrien, Bright, Calhoun, Clarke, 
Clayton, Corwin, Crittenden, Davis, of Massachusetts, Davis,, of 
Mississippi, Dayton, Greene, Hunter, Johnson, of Maryland, John- 
son, of Georgia, Lewis, Mangum, Mason, Miller, Pearce, Phelps, 
Rusk, Spruance, Underwood, Upham, Webster, Westcott. 
On motion by Mr. Davis, of Massachusetts, 
To strike out of the ninth article the following words, to wit: 
" The Mexicans who, in the territories aforesaid, shall not pre- 
serve the character of citizens of the Mexican republic, conforma- 
bly with what is stipulated in the preceding article, shall be incor- 
porated into the union of the United States, and admitted as soon 
as possible, according to the principles of tl e Federal' constitution, 
to the enjoyment of all the rights of citizens of the United States.* 
In the mean time they shall be maintained and protected in the 
enjoyment of their liberty, their property, and the civil rights now 
vested in them according to the Mexican laws. With respect to 
political rights, their condition shall be on an equality with that of 
the inhabitants of the other territories of the United States, and at 
least equally good as that of the inhabitants of Louisiana and the Flo- 
tidas, when these provinces, by transfer from the French republic 
and the crown of Spain, became territories of the United States. 
u The same most ample guaranty shall be enjoyed by all eccle- 



21 [ 52 ] 

siastics and religious corporations or communities, as well in the 
discharge of the offices of their ministry, as in the enjoyment, of 
their property of every kind, whether individual or corporate. 
This guaranty shall embrace all temples, houses, and edifices dedi- 
cated to the Roman Catholic worship, as well as all property des- 
tined to its support, or to that of schools, hospitals, and other foun- 
dations for charitable or beneficent purposes. No property of this 
nature shall be considered as having become the property of the 
American government, or as subject to be by it disposed of, or di- 
verted to other uses." 

After debate, 

The question was stated, " Shall these words stand as part of the 
ninth article 1 ?" 

And it was determined in the negative, < t^t „ 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Butler, Cameron, Dickinson, Dix, 
Downs, Felch, Foote, Johnson, of Louisiana, Moor, Niles, Sevier, 
Sturgeon, Turney, Westcott. 

Those who voted in the negative are, 

Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Bradbury, 
Bright, Calhoun, Clarke, Clayton, Corwin, Crittenden, Davis, of 
Massachusetts, Davis, of Mississippi, Dayton. Greene, Hunter, John- 
son, of Maryland, Johnson, of Georgia, Lewis, Mangum, Mason, 
Miller, Pearce, Phelps, B,usk, Spruance, Underwood, Upham, Web- 
ster, Yulee. 

On motion by Mr. Mason, 

To insert the following, to wit : 

Article IX. The Mexican* in the territories aforesaid shall be 
secured in the free exercise of their religion without any restriction; 
and those who may desire to remove to the Mexican republic shall 
be permitted to sell or export their effects at any time whatever 
wi'hout being subject in either case to the payment of any duties. 

The Mexicans who, in the territories aforesaid, shall not retain 
the character of Mexican citizens, conformably to the stipulations 
of the preceding article, shall be incorporated into the union of the 
United States as soon as may be consistent with the principles of 
the Federal constitution, and admitted to the enjoyment of all the 
privileges, rights, and immunities of the citizens of the United 
States; and, in the mean time, they shall be maintained and pro- 
tected in the full enjoyment of their liberty and property." 

After debate, 

The question was stated "Will the Senate advise and consent to 
the ratification of this article?" 

Yeas 42 

Nays 4 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Badger, Berrien, 
Bradbury, Breese, Bright, Builer, Calhoun, Cameron, Clarke, Clay- 
tort, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Missis- 
sippi, Dayton, Dickinson, Dix, Downs, Felch, Foote, Greene, Han- 
negan. Hunter, Johnson, of Maryland, Johnson, of Louisiana, John- 



And it was determined in the affirmative, < 



[32] 



22 



son, of Georgia, Lewis, Mangum, Mason, Moor, Niles, Pearce, 
Sevier, Spruance, Sturgeon, Turney, Underwood, Yulee. 

Those who voted in the negative are, 

Messrs. Baldwin, Bell, Hale, Rusk. 
Oi. motion by Mr. Sevier, 

To insert, after the word " Washington," in the twenty-third ar- 
ticle, the following words, to wit: 

li Or at the seat of government of Mexico." 

The question was stated, "Shall these words stand as part of the 
twenty-third article?" 

And it was determined in the affirmative, j« n . 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Badger, Baldwin, 
Bell, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cameron, 
Clarke, Clayton, Corwin, Davis 3 of Mississippi, Dayton, Dickinson, 
Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Hannegan, 
Hunter, Johnson, of Maryland, Johnson, of Georgia^ Lewis, Man- 
gum, Mason, Miller, Moor, Niles, Rusk, Sevier, Spruance, Sturgeon, 
Turney, Underwood, Yulee. 

And Mr. Westcott voted in the negative. 

Mr. Crittenden submitted the following resolutions: 

Resolved, That the treaty be recommitted to the Committee on 
Foreign Relations, with instructions so to modify the same as to 
make its limits and boundaries conform to the following resolu- 
tions: 

Resolved, That considerations of our own pow^r and the weak- 
ness of Mexico, already vanquished by our arms, ought only to 
make us rao/e careful not to exact from her any indemnities or 
terms of peace beyond the strict measure of our rightful plaims; 
and that the United States need not to seek or desire any other or 
better security for the future than they possess in their own ability 
and readiness <o protect themselves, and defend their own rights. 

Resolved^ That we fully concur in the sentiment expressed by 
the President, that war should not be waged for the acquisition of 
territory by conquest; yet, if it be agreeable to Mexico to settle 
our claims against her by a cession of. territory, we should pre- 
fer one of more limited extent, with a correspondent reduction of 
price, than that described in the treaty now before the Senate — a 
cession which should have for its principal objects a satisfactory- 
establishment of the boundary of Texas and the acquisition of the 
bay and harbor of San Francisco. 

Resolved^ That by adhering to this limited cession, all the objects 
of a true national policy would be obtained, domestic questions of 
great difficulty and embarrassment avoided, the true principles of 
our government preserved, and a commendable example of justice 
and moderation set before the world. 

Resolved^ That in an especial manner, we could not, without 
great reluc ance, be constrained to accept the cession of the State 
of New hi xico with a population of about one hundred and fifty . 
thousand hostile people unwilling to be united to us, and unfit to 
be trusted with a participation in our free forms of government, to 



23 [52] 

the principles of which they -are utter strangers. To accept the 
cession of this territory, large enough, and even at the present 
moment with population enough, to form one or more States, and 
to incorporate them, as the treaty provides, as soon as possible into 
this Union, must be regarded as a measure dangerous, and not be- 
lieved to be in accordance with the wishes and expectations of the 
great majority of the people of the United States. * 

On motion by Mr. Crittenden, 

That the Senate proceed to consider the said resolutions. 

Mr. Douglas objected, as being against the rules of the Senate. 

The Vice President decided, that objection having been made, it 
could not be considered to-day. 

From this decision of the Vice President Mr. Bright appealed to 
the Senate; and, 

The question being stated, u Shall the decision of the Vice Presi- 
dent stand as the sense of the Senate 1 ]" 

It was determined in the negative. 

The Senate then proceeded to consider the said resolutions; 

And on the question to agree thereto, 

' . ^ Yeas ... . . 18 

It was determined in the negative,-? XT * ~ 

° ' ( .Nays 30 

On motion by Mr. Berrien, 

The yeas and nays being desired by one-fifth of the Senators present, 

Those who voted in the affirmative are, 

Messrs. Badger, Baldwin, Bell, Berrien, Clarke, Clayton, Corwin, 
Crittenden, Davis, of Massachusetts, Dayton, Greene, Hale, John- 
son, of Maryland, Mangum, Miller, Spruance, Underwood, Upham. 

Those who voted in the negative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Bradbury, Breese, 
Bright, Butler, Calhoun, Cameron, Cass, Davis, of Mississippi, 
Dickinson, Dix, Douglas, Downs, Felch, Foote, Hannegan, Humer, 
Johnson, of Georgia, Lewis, Mason, Moor, Niles, Rusk, Sevier, 
Sturgeon, Turney, Yulee. 

So the resolutions were not agreed to. 

The following message was received from the President of the 
United States, by Mr. Walker, his secretary: 

To the Senate of the United Slates: 

I lay before the Senate a letter of the 12th February, 1848, from. 
N. P. Tcist, together with the authenticated map of the Unitert 
Mexican States, and of the plan of the port of San Diego, referred 
to in the filth article of the treaty " of peace, friendship, limits, and 
settlement between the United States of America and the Mexican, 
republic," which treaty was transmitted to the Senate with my mes- 
sage of the 22d ultimo. 

JAMES K. POLK. 

Washington, March 7, 1848. 

The message was reid. 

On motion by Mr. Mangum, 
The Senate adjourned. 



[ 52 ] 24 

WEDNESDAY, March 8, 1848. 

Mr. Davis, of Massachusetts, submitted the following resolution^ 
-whicn was considered, by unanimous consent, and agreed to: 

Resolved, That the President be requested to communicate to the 
Senate, confidentially, any additional despatches which may have 
been received from Nathaniel P. Trist; and especially those which 
are promised by him in his letter to Mr. Bu'chanan, of the 2d of 
February last, if the same have been received. 

Mr. Webster submitted the following resolution; which was con- 
sidered, by unanimous consent, and agreed to: 

Resolved, That the President of the United States be requested 
to inform the Senate of the terms of the authority given to Nathan- 
iel P. Trist to draw for the three millions of dollars authorized by 
the act of the 2d of March, 1847. 

The Senate, as in Committee of the Whole, resumed the consid- 
eration of the treaty of peace, friendship, limits, and settlement, 
between the United States of America and the Mexican republic. 
On motion by Mr. Badger, 

To strike out of the fifth article the following words, to wit: 

" Thence westwardly, along the whole southern boundary of New 
Mexico, (which runs north ol the town called Paso,) to its western 
termination; thence northward, along the western line of New 
Mexico, until it intersects the first branch of the river Gila; (or, if 
it should not intersect any branch of that river, then to the point 
on the said line nearest to'such branch, and thence in a direct line 
to the same;) thence down the middle of the said branch and of the 
said river, until it empties into the Rio Colorado; thence across the 
Rio Colorado, following the division line between Upper and Lower 
California, to the Pacific ocean." 

After debate, 

The question was stated, "Shall these words stand as part of the 
fifth article?" 

And it was determined in the affirmative, < ^t • •••• . 

' I Nays - 15 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Bell, Benton, 
Bradbury, Breese, Bright, Butler, Calhoun, Cameron, Cass, Davis, 
of Mississippi, Dickinson, Dix, Douglas, Downs, Feleh, Foote, 
Hannegan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, 
Johnson, of Georgia, Lewis, Mason, Moor, Niles, Rusk, Sevier, 
Sturgeon, Turney, Yulee. 

Those who voted in the negative are, 

Messrs. Badger, Baldwin, Berrien, Clarke, Corwin, Davis, of 
Massachusetts, Greene, Hale, Miller, Pearce, Phelps, Spruance, 
Underwood, Upham, Webster. 

On motion* by Mr. Baldwin, 

To insert at the end of the fifth article the following words, to 
"wit : 

Provided there shall be neither slavery nor involuntary servitude 



25 [ 52 ] 

in the territories hereby ceded, otherwise than in punishment of 
.crimes, whereof the party shall have been duly convicted. 

After debate, 

The question was stated, " Shall these words stand as part of the 
fifth article'?" 

And it was determined in the negative, ) i^ av ' 3g 

Those who voted in the affirmative are, 

Messrs. Atherton, Baldwin, Clarke, Clayton, Corwin, Davis, of 
Massachusetts, Dayton, Dix, Greene, Hale, Miller, Niles, Phelps, 
Spruance, Upham. 

Those who voted in the negative are, 

Messrs. Allen, Ashley, Atchison, Badger, Bagby, Bell, Benton, 
Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cameron, Cass, 
Crittenden, Davis, of Mississippi, Dickinson, Douglas, Downs, 
Feleh, Foote, Hannegan, Hunter, Johnson, of Maryland, Johnson, 
of Louisiana, Johnson, of Georgia, Lewis, Mangum, Mason, Moor, 
Pearce, Rusk, Sevier, Sturgeon, Turney, Underwood, Yulee. 

No further amendment having been made, the treaty was report- 
ed to the Senate. 

On the question to concur in the amendment made in Committee 
of the Whole, to wit, to strike out the ninth article, 

The question was stated, " Will the Senate advise and consent to 
the ratification of this article?" 

,,., , , . ' , . ,, ,• S Yeas 16 

And it was determined in the negative, < iy 98 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Bagby, Dickinson, Dix, Douglas, 
Downs, Foote, Hannegan, Johnson, of Louisiana, Moor, Niles, Se- 
Tier, Sturgeon, Turney, Yulee. 

Those who voted in the negative are, 

Messrs. Atchison, Badger, Baldwin, Bell, Berrien, Bradbury, 
Bright, Calhoun, Clarke, Clayton, Crittenden, Davis, of Massachu- 
setts, Davis, of Mississippi, Dayton, 'Felch, Greene, Hale, Hunter, 
Johnson, of Maryland, Lewis, Mangum, Mason, Miller, Phelps, 
Rusk, Spruance, Underwood, Upham. 

On the question to concur in the amendment made in Committee 
of the Whole, to wit, to insert the following: 

Article IX. — The Mexicans in the territories aforesaid shall be 
secured in the free exercise of their religion, without any restric- 
tion; and those who may desire to remove to the Mexican republic 
shall be permitted to sell or export their effects at any time what- 
ever, without being subject, in either case, to the payment of any 
duties. 

The Mexicans who, in the territories aforesaid, shall not retain 
the character of Mexican citizens, conformably to the stipulations 
of the preceding article, shall be incorporated into the Union of the 
United States, as soon as may be consistent with the principles of 
the federal constitution, and admitted to the enjoyment of all the 
privileges, rights and immunities of the citizens of the United 



[ 52 ] 26 

States; and, in the meantime, they shall be maintained and pro- 
tected in the full enjoyment of their liberty and property. 
On motion by Mr. Bell, 

To strike out of the said amendment the following words, to wit: 

" The Mexicans who, in the territories aforesaid, shall not retain 
the character of Mexican citizens, conformably to the stipulations 
of the preceding article, shall be incorporated into the Union of the 
United States, as soon as may be consistent with the principles of 
the federal constitution, and admitted to the enjoyment of all the 
privileges, rights, and immunities of the citizens of the United 
States; and, in the meantime, they shall be maintained and pro- 
tected in the full enjoyment of their liberty and property;" 

After debate, 

The question was stated, u Shall these words stand as part of the 
article 1 ?" 

And it was determined in the negative, < vr -, 

6 ' I Nays 18 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Bradbury, 
Breese, Bright, Butler, Calhoun, Cameron, Cass, Davis, of Missis- 
sippi, Dickinson, Dix, Downs, Felch, Foote, Hannegan, Hunter, 
Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, 
Lewis, Mangum, Mason, Moor, Niles, Rusk, Sevier, Sturgeon, Tur- 
ney, Westcott, Yulee. 

Those who voted in the negative are, 

Messrs. Badger, Baldwin, Bell, Berrien, Clarke, Clayton, Cor- 
win, Crittenden, Davis, of Massachusetts, Dayton, Greene, Hale, 
Miller, Phelps, Spruance, Underwood, Upham, Webster. 
On motion by Mr. Bell, 

To insert, in lieu of the words stricken out^ the following, to 
wit: 

The Mexicans who, in the territories aforesaid, shall not retain 
the character of Mexican citizens, conformably to the stipulations 
of the preceding article, shall* be maintained and protected in the 
full enjoyment of their liberty and their rights of property. 

After debate, 

The question was stated, u Shall these words stand as part of the 
article £ " 

And it was determined in the negative, < XT ' q« 

& ' I Nays od 

Those who voted in the affirmative are, 

Messrs. Badger, Baldwin, Bell, Berrien, Clarke, Clayton, Covwin, 
Davis, of Massachusetts, Greene, Hale, Miller, Spruance, Under- 
wood, Upham, Webster. 

Those who voted in the negative are, 

Messrs. Allen, Ashley, Atherton, Bagby, Bradbury, Breese, 
Bright, Butler, Calhoun, Cameron, Cass, Davis, of Mississippi, 
Dickinson, Dix, Douglas, Downs, Felch, Foote, Hannegan, Hunter, 
Johnson, of Maryland, Johnson, of Louisiana, Johnson, ol <ieorgia, 
Lewis, Mason, Moor, Niies, Rusk, Sevier, Sturgeon, Turney, West- 
• cott, Yulee. 



27 • [ 52 ] 

On motion by Mr. Crittenden, 

To strike out of said amendment the following words, to wit: 

" In the territories aforesaid, shall be secured in the free exer- 
cise of their religion, without any restriction; and those who may- 
desire to remove to the Mexican republic shall be permitted to sell 
or export their effects at any time whatever, without being subject, 
in either case, to the payment ol any duties." 

After debate, 

The question was stated, " Shall these words stand as part of the 
article?" 

And it was determined in the negative, nays 46. 

Those who voted are, 

Messrs Allen, Ashley, Atherton, Badger, Bagby, Baldwin, Bell, 
Berrien, Breese, Bright, Butler, Calhoun, Cameron, ^Cass, Clarke, 
Clayton, Corwin, Crittenden, Davis, of Massachusetts, Dayton, 
Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale,Han- 
negan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, John- 
son, of Georgia, Lewis, Mangum, Mason, Miller, Moor, Niles, Rusk, 
Sevier, Spruance, Sturgeon, Turney, Underwood, Yulee. 
On motion by Mr. Crittenden, 

To insert the following after the words u the Mexicans," in the 
said amendment, to wit: 

Who, in the territories aforesaid, shall not preserve the character 
of citizens of the Mexican republic, conformably with what is stip- 
ulated in the preceding article, shah be incorporated into the Union 
of the United States, and be admitted, at the proper time, (to be 
judged of by the Congress of the United States,) to the enjoytne t 
of all the rights of citizens of the United States, according to the 
principles of the Constitution; and, in the meantime, shall be main- 
tained and protected in the free enjoyment of their liberty and pro- 
perty, and secured in the free exercise of their religion, without 
restriction 

After debate, 

The question was stated, u Shall these words stand as part of the 
article?" 

And it was determined in the affirmative, < XT c 

5 { Nays 5 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atherton, Bagby, Bell, Berrien, Bradbury, 
Breese, Bright, Butler, Calhoun, Cameron, Cass, Clarke, Clayton, 
Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Dayton, 
Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hannegan, 
Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of 
Georgia, Lewis, Mangum, Mason, Miller, Moor, Niles, Ruslr, Se- 
vier, Spruance, Sturgeon, Turney, Underwood, Yulee. 

Those who voted in the negative are, 

Messrs. Badger, Baldwin, Corwin, Hale, Webster. 

On the question to concur in the amendment made. in Committee 
of the Whole, to wit: to strike out the tenth article: 

The question was stated, " Will the Senate advise and consent to 
the latification of this article V 3 



[52] 



28 



And it was determined in the negative, < XT 

b ' ( Nays 



And it was determined in the negative — nays 41. 

Those who voted are, 

Messrs. Allen, Ashley, Atherton, Badger, Bagby, Bradbury, 
Breese, Bright, Butler, Calhoun, Cameron, Cass, Clayton, Corwin, 
Crittenden,.Davis, of Mississippi, Dayton, Dickinson, Dix, Douglas, 
Downs, Felch, Hannegan, Hunter, Johnson, of Maryland, Johnson, 
of Louisiana, Johnson, of Georgia, Lewis, Mangum, Mason, Moor, 
Niles, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, 
Webster, Westcott, Yulee. 

On the question to concur in the amendment made in Committee 
of the Whole, to wit: To strike out of the eleventh article the fol- 
lowing words: v 

" Nor to provide such Indians with fire-arms or ammunition, by 
sale or otherwise." 

The question was stated, " Shall these words stand N as part of the 
eleventh article ?" 

ts 

Those who voted in the affirmative are. 

Messrs. Ashley, Atherton, Bagby, Bell, Bradbury, Bright, Butler, 
Cameron, Cass, Davis, of Mississippi, Dickinson, Dix, Downs, Felch, 
Foote, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of 
Georgia, Mangum, Mason, Moor, Niles, Sevier, Sturgeon, Turney, 
Webster, Westcott, Yulee. 

Those who voted in the negative are, 

Messrs. Allen, Badger, Baldwin, Berrien, Calhoun, Clarke, Clay- 
ton, Crittenden, 'Dayton, Douglas, Hunter, Lewis, Miller, Rusk, 
Spruance 1 , Underwood, L T pham. 

On motion by Mr. Webster, 

That thp. Senate adjourn. * 

r , , , , . ,, .. { Yeas 26 

It was determined in the negative, < XT n ~ 

8 ' I Nays 26 

On motion by Mr. Sevier, 

The yeas and nays being desired by one-fifth of the Senators present. 

Those who voted in the affirmative are, 

Messrs. Atchison, Badger, Bagby, Baldwin, Bell, Berrien, But- 
ler, Calhoun, Clarke, Clayton, Corwin, Crittenden, Davis, of Mas- 
sachusetts, Davis, of Mississippi, Dayton, Greene, Hale, Lewis, 
Mangum, Miller. Phelps, Spruance, Underwood, Upham, Webster, 
Westcott. 

Those who voted in the negative are, 

Messrs. Alien, Ashley, Atherton, Bradbury, Breese, Bright, Cam- 
eron, Dickinson, Dix, Douglas, Downs, Felch, Foote, Hannegan, 
Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of 
Georgia, Mason, Moor, Niles, Rusk, Sevier, Sturgeon, Turney, 
Yulee. 

The Senate being equally divided, the Vice President determined 
the question in the negative. 

On the question to concur in the amendment made in Committee 
of the Whole, to wit: To insert after the word "Washington," in 
the twenty-third article, the following words: 



29 [ 52 ] 



Or at the seat of government of Mexico. 

The question was stated, "Shall these words stand as part of the 
twenty-third article?" 

And it was determined in the affirmative, < * T ea 

5 I Nay l 

Those # who voted in tke affirmative are, 

Messrs. Allen, Ashley, Atherton, Badger, Bagby, Baldwin, Bell, 
Berrien^ Breese, Bright, Butler, Calhoun, Cameron, Cass, Clarke, 
Dickinson, Dix, Douglas, Downs, Felch, Greene, Hale, Hunter, 
Johnson, of Maryland, Johnson, of Louisiana, Lewis, Mason, Moor, 
Niles, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Up- 
ham, Webster, Yulee. 

And Mr. Westcott voted in the negative. 

On the question to concur in the amendment made in Committee 
of the Whole, to wit: To strike out the additional and secret article 
of the treaty: 

The question was stated, " Will the Senate advise and consent to 
the ratification of this article V 

And it was unanimously determined in the negative. 
On motion by Mr. Berrien, 

The Senate adjourned. 

THURSDAY, March 9, 1848. 

The following messages were received from the President of the 
United States, by Mr. Walker, his secretary: 

To the Senate of the United States: 

In answer to the resolution of the Senate of this date, requesting 
the President to communicate to that body " confidentially, any ad- 
ditional despatches which may hare been received from Mr. Trist y 
and especially those which are promised by him, in his letter to 
Mr. Buchanan of the 2d of February last, if the same have been re- 
ceived," I have to state that all the despatches which have been 
received from Mr. Trist have been heretofore communicated to the 
Senate. 

JAMES K. POLK. 

Washington, March 8, 1848. 

To the Senate of the United States: 

In answer to the resolution of the Senate of this date, requesting 
the President "to inform the Senate of the terms of the authority 
given to Mr. Trist to draw for the three millions of dollars author- 
ized by the act of the 2d of March, 1847," I communicate herewith 
a report from the Secretary of State, with the accompanying docu- 
ments, which contain the information called for. 

JAMES K. POLK. 

Washington, March 8, 1848. 

The messages were read. 

The Senate resumed the consideration of the treaty of peace, 



[ 52 ] 30 

friendship, limits, and settlement between the United States of 
America and the Mexican republic. 
On motion by Mr. Sevier, 

To insert in the third article, after the word "republic," the fol- 
lowing words, to wit: 

Jind the ratifications exchanged. 

The question was stated, " Shall these words stand as part of the 
article'?" 

And it was determined in the affirmative — yeas 48. 

Those who voted are, 

Messrs. Allan, Ashley, Atherton, Badger, Bagby, Baldwin, Ben- 
ton, Berrien, Bradbury, Bright, Butler, Calboun, Cass, Clarke, 
Clayton, Corwin, Crittenden, Davis, of Massachusetts, Davis, of 
Mississippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, 
Hale, Hannegan, Hunter^ Johnson, of Maryland, Johnson, of Lou- 
isiana, Johnson, of Georgia, Lewis, Mangum, Mason, Miller, Moor, 
Niles, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Under- 
wood, Upham, Web-ter, Y&lee. 

On motion by Mr. Mangum, 

To strike out of the fifteenth article the following words, to wit: 

To an amount not exceeding three and, one quarter millions of 
dollars. 

After debate, 

The question was stated, "Shall these words stand as a part of 
this article ?" 

. , , . .. rr .- • S Yeas 40 

And it was determined in the amrmative, < at U 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atherton, Bagby, Baldwin, Bell, Benton, 
Bradbury, Breese, Bright, Butler, Calhoun, Cameron, Cass, Crit- 
tenden, Davis, ot Massachusetts, Dayton, Dickinson, Dix, Douglas, 
Downs, Felch, Foote, Hale, Hannegan, Hunter, Johnson, of Mary- 
land, Johnson, of Georgia, Lewis, Mason, Miller, Moor, Niles, 
Phelps, Sevier, Spruance, Sturgeon, Turney, Underwood, Yulee. 

Those who voted in the negative are, 

Messrs. Badger, Berrien, Clarke, Clayton, Corwin, Davis, of Mis- 
sippi, Greene, Johnson, of Louisiana, Mangum, Rusk, Upham. 
On motion by Mr. Davis, of Massachusetts, 

To strike out the preamble^of the treaty. 

After debate, 

The question was stated, " Shall the preamble stand as part of the 
treaty ?" 

. \ . . . . . " -. :. S Yeas 32 

And it was determined in the amrmative, j j^ aYS 15 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Bagby, Berrien, Bradbury, Bright, 
Builer, Calhoun, Cass, Clarke, Dayton, Dickinson, Dix, Downs, 
Felch, Foote, Hale, Hunter, Johnson, of Maryland, Johnson, of 
Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, 
Niles, Phelps, Sevier*, Spruance, Sturgeon, Underwood, Yulee. ' 

Those who voted in the negative are. 



31 [ 52 ] 



Messrs. Allen, Atchison, Badger, Benton, Clayton, Corwin, Crit- 
tenden, Davis, of Massachusetts, Duvis, of Mississippi, Douglas, 
Greene, Hannegan, Lewis, Rusk, Turney, Webster. 
On motion by Mr. Davis, of M ; ssissipp ; , 

To strike out of the twelfth article the following words, to wit: 

" Certificates in proper form for the said instalments, respectively, 
in such sums as shall be desired by the Mexican government, and 
transferable by it, shall be delivered to the said government by 
that of the United States." 

After debate, 

The question was stated, " Shall these words sta»d as part of the 
article?" 

And it was determined in the negative, < XT 

& ' £ Nays 19 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Bagby, Bell, Bradbury, Breese, Butler, 
Calhoun, Cass, Clarke, Dayton, Dickinson, Diiv, Downs, Felch, 
Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, 
Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Mil- 
ler, Moor, .Miles, Phelps, Sevier, Spruance, Sturgeon, Upham, Yu- 
lee. 

Those who voted in the negative are, 

Messrs. Allen, Atchison, Badger, Baldwin, Benton, Berrien, 
Eright, Clayton, Corwin, Crittenden, Davis, of Massachusetts, Da- 
vis, of Mississippi, Douglas, Lewis, Rusk, Turney, Underwood, 
Webster, Westcott. 

On motion by Mr. Davis, of Mississippi, 

To strike out of the twelfth article the following words, to wit: 

11 In the one or the other of the two modes below specified. The 
Mexican government shall, at the time of ratifying this treaty, de- 
clare which of these two modes of payment it prefers; and the 
mode so elected by it shall be conformed to by that of the United 
States. 

" First mode of payment: Immediately after this treaty shall 
have been duly ratified by the government of the Mexican republic, 
the sum of three millions of dollars shall be paid to t\ e said gov- 
ernment by that of the United States, at the city of Mexico, in the 
gold or silver coin of Mexico. For the remaining twelve millions 
of dollars, the United States shall create a stock, bearing an in- 
terest of six per centum per annum, commencing on the day of the 
ratification of this treaty by the government of the Mexican re- 
public, and payable annually at the city of Washington; the prin- 
cipal of said stock to be redeemable there, at the pleasure of the 
government of the United States, at any time after two years from 
the exchange of ratifications of this treaty: six months' public no- 
tice f»f the intention to redeem the same being previously given.* 
Certificates of such stock, in proper form, for such sums as shall 
be specified by the Mexican government, and transferable by the 
said government, shall be delivered to the same by that of the Uni- 
ted States. 

"Second mode of payment:" 



[52] 



32 



After debate, 

The question was stated, "Shall these words stand as part of the 

article?" 

. , . i . j • ,, . • S Yeas 28 

And it was determined in the negative, < XT __ 

& ' £ JNays . . . . . 22 

Those who voted in the affirmative are, 

Messrs. Ashley, Atherton, Bagby, Bell, Bradbury, Breese, Bright, 
Butler, Calhoun, Cass, Dickinson, Dix, Downs, Felch, Foote, Hale, 
Hannegan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, 
Johnson, of Georgia, Mason, Miller, Moor, Niles, Sevier, Sturgeon, 
Yulee. • 

Those who voted in the negative are, 

Messrs. Allen, Atchison, Badger, Baldwin, Benton, Berrien, 
Clarke, Clayton, Corwin, Crittenden, Davis, of Massachusetts, Da- 
vis, of Mississippi, Douglas, Greene, Lewis, Rusk, Spruance, Tur- 
ney, Underwood, Upham, Webster, Westcott. 
On motion by Mr. Baldwin, 

To insert at the end of the twelfth article the following words, 
to wit: 

But no part of the sum of twelve millions of dollars stipulated 
in this article to be paid to the Mexican republic in consideration 
of the cession to the United States, in sovereignty of territories 
heretofore pertaining to the governments of California and New 
Mexico, shall be deemed payable until the assent of the people 
and governments thereof, respectively, shall be freely given to 
such cession, and communicated to the President. 

The question was stated, "Shall these words stand as part of 
this article'?" 

f Yeas 17 

And it was determined in the negative, ? Navs* or 

Those who voted in the affirmative are, 

Messrs. Badger, Baldwin, Berrien, Clarke, Clayton, Corwin, Crit- 
tenden, Davis, of Massachusetts, Dayton, Greene, Hale, Haunegan, 
Miller, Spruance, Underwood, Upham, Webster. 

Those who voted in the negative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Bell, Benton, 
Bradbury, Breese, Bright, Butler, Calhoun, Cameron, Cass, Davis, 
of Mississippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, 
Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of 
Georgia, Lewis, Mangum, Mason, Moor, Niles, Rusk, Sevier, Stur- 
geon, Turney, Yulee. 

On motion by Mr. Mangum, 

To reconsider the vote on striking out the preamble of the treaty, 

\ Yeas . 20 

It was determined in the negative, < ^ays'. 29 

On motion by Mr. Davis, of Massachusetts, 
The yeas and nays being desired by one-fifth of the Senators present, 
Those who voted in the affirmative are, 

Messrs. Allen, Badger, Baldwin, Bell, Benton, Berrien, Clayton, 
Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi 



33 [ 52 ] 

Douglas, Greer -. B - *ai t( Mangosij Spruance, ! 

Webster, Westcott. 

Tbose -. the neg 

Mi ; 

1. < r . i" I , Clark I Dix 3 

J; Felcb, Fool 

• ■ 

d e r '.'. i ! e e . 

On n 
To reconsidi an of Mr. D 

ppi. to strike out the word tb article of 

the 

It was del • r e. 

Ami the que 
part of this a 

. , . .- ,- ( Yeas 30 

And it termined in the negative, - h 

f nays io 

r l 

Wet - •' 

Butler. ( 

Felch, I Hale, Hannegan, Hunter. J tnd, 

Johnson, of Louisiana, J< I G rgia, Mangum 

Niles - . Yu!ee. 

'! ve are, 

Messrs. Allen, .V Badger, en. 

, Corwin, Cri ' T . s - 

iglas, Lewis, Spruance, 
West* ott. 

Mr. Sevier submitted t 

Resolved^ [two-thirds of the Senatprs present cpnfftfrin^ 
the se and consent to the ratifi 

e, friendship, limits 
of America and the Mexican republic, conclude fcfi- 

dalcro. on the 2d day of February, in the j 
lowing arnendmf 

Insert in article three, after the words " Mexican rep 
•where they first occur, the words: 

And the ratifications exrkanged. 

Strike out the ninth article of the treaty, and insert the following 
in lieu thereof: 

Article IX, The Mexicans who, ir t] 
not preserve the character of citiz-r. • 

formably with what is stipulated in the be 

incorporated into the Union of the United j$tat£ 
at the proper time (to be judged of I oited 

States) to the enjoyment of all the rigl "' of ■ . I • ited 

Stat* s, according to the pri l..ih t he 

mean time shall be main - ) Q ent 

of thei- and p/i :•••-. exercise of 

their religion without 

Strike out the tenth articli 
3 



52] 



34 



Strike out of the eleventh article of the treaty the following 
words: 

" Nor to provide such Indians with fire-arms or ammunition, by 
sale or otherwise." 

Strike out of the twelfth article of the treaty the following words: 

" In the one or the other of the two modes below specified. The 
Mexican government shall, at the time of ratifying this treaty, de- 
clare which of these two modes of payment it prefers; and the mode 
so elected by it shall be conformed to by that of the United States. 

" First mode of payment: Immediately after this treaty shall have 
been duly ratified by the government of the Mexican republic, the 
of three millions of dollars shall be paid to the said govern- 
ment by that of the United States, at the city of Mexico, in the 
gold or silver coin of Mexico. For the remaining twelve "millions 
of dollars, the United States shall create a stock, bearing an inter- 
est of six per centum per annum, commencing on the day of the 
ratification of this treaty by the government of the Mexican repub- 
lic, and payable annually at the city of Washington; the principal 
of said stock to be redeemable there, at the pleasure of the govern- 
ment of the United States, at any time after two years from the 
exchange of ratifications of this treaty; six months' public notice of 
the intention to redeem the same being previously given. 

u Certificates of such stock, in proper form, for such sums as shall 
be specified by the Mexican government, and transferable by the 
said government, shall be delivered to the same by that of the Uni- 
ted States. 

"Second mode of payment: Certificates in proper form, for the 
said instalments respectively, in such sums as shall be desired bv 
the Mexican government, and transferable by it, shall be delivereu 
to the said government by that of the United States." 

Insert in the twenty-third article, after the word "Washington," 
the following words': 

Or at the seat of government of Mexico. 

Strike out the additional and secret article of the treaty. 
• On motion by Mr. Badger, 

The Senate adjourned. 

FRIDAY, March 10, 1848. 

The Senate resumed the consideration of the treaty of peace, 
friendship, limits, and settlement between the United States of 
America and the Mexican republic, together with the resolution 
submitted for the ratification of the same. 

On motion by Mr. Johnson, of Maryland, 

To amend the treaty by inserting in the resolution the following 
words, to wit: 

Insert at the end of the twelfth article the following words: Cer- 
tificates in proper form for the two first of said instalments, in such 
sums as shall be desired by the Mexican government, and transfer- 
able by it, shall be delivered to the said government by that of the, 
United States* 



35 [ 52 ] 



After debate, 

The question was stated, " Shall these words stand as part of the 
resolution V 

And it was determined in the negative, < XT eaS ?£ 

b ' } Nays 18 

Those who voted in the affirmative are, 

Messrs. Ashley, Atchison, Atherton, Bagby, Bell, Bradbury, 
Breese, Bright, Butler, Calhoun, Cameron, Cass, Dayton, Dickin- 
son, Dix, Downs, Felch, Foote, Hale, Hannegan, Hunter, Johnson, 
of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, 
Mason, Miller, Moore, Niles, Sevier, Sturgeon, Turney, Yulee. 

Those who voted in the negative are, 

Messrs. Allen, Badger, Baldwin, Benton, Berrien, Clarke, Cor- 
win, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, 
Douglas, Greene, Lewis, Spruance, Underwood, Upham, Webster, 
VVestcott. 

On motion by Mr. Cass, 

To amend the resolution by inserting the following as a preamble 
thereto, to wit: 

Whereas the President of the United States did, on the 15th day 
of April, 1847, commission Nicholas P. Trist, a citizen of the Uni- 
ted States, to proceed to Mexico with a view of negotiating a treaty 
of peace with that republic, should an opportunity to effect such 
object be presented; 

And whereas the President of the United States deemed it proper, 
on the 6th day of October, 1847, to recall the said Nicholas P. 
Trist from the said mission, which order of recall was disregarded 
by the said Nicholas P. Trist by his remaining at the city of Mex- 
ico after having received such order of recall; 

And whereas the said Nicholas P. Trist did, on the 2d February, 
2848, notwithstanding his recall by the President, enter into an en- 
gagement, purporting to be a treaty, with commissioners appointed 
by the president of the Mexican republic: 

And whereas the terms of the said agreement, with certain ex- 
ceptions, as stated in the message of the President, of the 22d Feb- 
ruary, 1848, conform substantially to the instructions furnished to 
the said Nicholas P. Trist, as commissioner; and the President hav- 
ing adopted the said agreement as a treaty, and communicated the 
same to the Senate of the United States, with a view to its ratifica- 
tion ; 

Be it therefore; 

After debate, 

On the question, "Shall these words stand as part of the resolu- 
tion?" 

It was determined in the negative, < AT „ 

6 ' I Nays 23 

Those who voted in the affirmative are, 

Messrs. Allen, Ashley, Atchison, Atherton, Bagby, Bell, Benton, 
Bradbury, Bright, Cameron, Cass, Crittenden, Davis, of Massachu- 
setts, Davis, of Mississippi, Dayton, Dickinson, Downs, Felch, 



[52] 



36 



Foote, Johnson, of Louisiana, Lewis, Mangum, Miller, Sevier ? 
Sturgeon, Yulee. 

Those who voted in the negative are, 

Messrs. Badger, Baldwin, Berrien, Butler, Calhoun, Clarke, 
Corwin, Dix, Douglas, Hale, TTannegan, Hunter, Johnson, of Mary- 
land, Johnson, of Georgia, Mason, Moor, Niles, Rusk, Spruance s 
Underwood, Upham, Webster, Westcott. » 

On the question to agree to the resolution, 

The question was stated, u Will the Senate advise and consent to 

the ratification of the treaty in the form of this resolution? " 

( Yeas 38 

And it was determined in the affirmative,-? XT ... 

' I Nays 14 

Those who voted in the affirmative are, « 

Messrs. Ashley, Atherton, Bagby, Bell, Bradbury, Bright, Butler 5 
Calhoun, Cameron, Cass, Claike, Crittenden, Davis, of Massachu- 
setts, Davis, of Mississippi, Dayton, Dickinson, Dx, Downs, Felch, 
Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, 
Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Mil- 
ler, Moor, Niles, Rusk, Sevier, Sturgeon, Turney, Underwoou, 
Yulee. 

Those who voted in the negative are, 

Messrs. Allen, Atchison, Badger, Baldwin, Benton, Berrien,, 
Breese, Corwin, Douglas, Lewis } Spruance, Upham, Webster,, 
Westcott. 

Ordered, That the Secretary lay the said resolution before the 
President of the United States. 

TUESDAY, March 14, 1848. 

On motion by Mr. Dix, 

Ordered, That the Secretary cause the printed pamphlet in the 
Spanish language, communicated with the message of the President 
of the 29th February, to be translated into English, and that both, 
the original and the translation be printed in confidence for the use 
of the Senate. 

Mr. Allen submitted the following resolution for consideration: 

Resolved, That the injunction of secrecy be removed from the 
treaty between the United States and Mexico, the documents ac- 
companying the same, and the proceedings of the Senate and de- 
bates thereon, and the documents sent to the Senate and ordered to 
be printed relating to the negotiation of said treaty; and also from 
the messages of the President of the 7th and 9th March, and docu- 
ments communicated therewith. 

The Senate, by unanimous consent, proceeded to consider the 
said resolution; and, 

After debate, 

On motion by Mr. Foote, 

That the further considerat'on of the resolution be postpohed 
until Tuesday, the 11th day of April next, 
On motion by Mr. Mangum, 

The Senate adjourned. 



37 [ 52 ] 

WEDNESDAY, March 22, 1S4S. 

On motion by Mr. Hannegan, 
Ordered, That the Secretary return to the President of the United 
States the original letters communicated to the Senate the 29th. 
February, as requested in his message of that date, when the print- 
ing shall have been completed. 

•WEDNESDAY, May 31, 1S48. 

On motion by Mr. Allen, 

The Senate proceeded to consider the resolution submitted by 
Jbim the 14th March last, to remove the injunction of secrecy from 
the treaty with Mexico, the documents accompanying the same, and 
the proceedings of the Senate and debates thereon, and the docu- 
ments sent to the Senate and ordered to be printed relating to the 
negotiations of said treaty; and also from the messages of the Pres- 
ident of the 7th and 9th March, and documents communicated there- 
with; and agreed thereto. 

On motion by Mr. Badger, 

Ordered, That the treaty with Mexico, the messages, documents, 
proceedings, and other matter relating thereto, from which the in- 
junction of secrecy has been removed, be printed for the use of the 
Senate. 

FRIDAY, June 2, 1848. 

Mr. Mangum submitted the following resolution; which was con- 
sidered^ by unanimous consent, and agreed to: 

Resolved, That the injunction of secrecy be removed from the 
message of the President of the 29th February, 1818; and from so 
much of the correspondence between the executive department and 
Mr. Trist, and other officers of the government in Mexico, arid the 
accompanying papers transmitted to the Senate therewith, as have 
been printed in confidence; and from the proceedings of the Senate 
^hereon; and that the same be printed for tne use of the Senate. 
Attest: 

ASBURY EICKINS, Secretary, 



£52] 



38 



[confidential.] 

Treaty of peace, friendship, limits, and settlement between the Uni- 
ted States of Jimerica and the Mexican republic, concluded at 
Guadalupe Hidalgo, on the 2d day of February, in the year 1843. 



February 23, 1848. 

Bead, and with the message and documents referred to the Commutes on Foreign Relations,, 
and ordcied to be printed in coiifidenee for the use ol tae Senate. 



In the name of Almighty God: En el nombre tie Dios Todo- 

Poderoso: 

The United States of America Los EstadosUnidos Mexicanos 
and the United Mexican States, ylcs EstadosUnidos de America, 
animated by a sincere desire to animados de un sincero deseo <!e 
put an end to the calamities of poner termino a las calamidades 
the war which unhappily exists de la guerra que desgraciada- 
between the two republics, and mente existe entre ambus reptib- 
to establish upon a solid basis Haas, y de establecer sobre bases 
relations of peace and friendship, solidas relaciones de paz y buena 
which shall confer reciprocal amistad, que procurer) reciproeas 1 
benefits upon the citizens of both, ventajas a los ciudadanos de uno 
and assure the concord, harmony, y oiro pais, y afianzen la concor- 
and mutual confidence, wherein dia, armonia y mutUa seguridad 
the two people should live, as en que deben vivir, como buenos 
good neighbors, have for that vecinoe,los dospueblos han nom- 
purpose appointed their respec- brado a. este efecto sus respecli- 
tive plenipotentiaries — that is to vos plenipotenciarios; a saber, el' 
say, the President of the Uniud Presidente de la republica Mexi- 
States has appointed Nicholas P. cana a Don Bernardo Conto, Don 
Trist, a citizen of the United Miguel Atristain, y Don Luis 
States, and the President of the Gonzaga Cuevas, ciudadanos de 
Mexican republic has appointed la misma republica; y el Presi- 
Don Luis Go.nzaga Cuevas, Don dente de los Estados Unidos de 
Bernardo Conto, and Don Miguel America a Don Nicolas P. Trist, 
Atristain, citizens of the said re- ciudadano de dichos Estados; 
public, who, after a reciprocal quienes despues de haberse co- 
communication of their respec- municado sus plenos poderes, 
tive full powers, have, under the bajo la proteccion del S< nor Dios 
projection of Almighty God, the Todo Poderoso, autor tie la paz> 
author of peace, arranged, agreed ban ajustado, convenido, y fir- 
upon, and signed the following mado el siguienle. 



39 [ 52 ] 

Treaty of peace, friendship, lim- Tratado de paz, amistad, limites 
its, and settlement between the y arreglo definitivo entre la re- 
united States of America and publica Mexicana y los Estados 
the Mexican republic. Unidos de America. 

Article I. Articulo I. 

There shall be firm and univer- Habra paz firme y universal 

sal peace between the United entre la republica Mexicana y 

Slates of America and the Mexi- los Estados Unidos de America, 

can republic, and between their y entre sus respectivos paises, 

respective countries, territories, territorios, ciudades, villas, y 

cities, towns, and people, with- pueblos, sin escepcion de lugares 

out exception of places or per- 6 personas. 
sons. 

Article II. Articulo II. 

Immediately upon the signature Luego que se firme el presente 

of this treaty, a convention shall tratado, habra un convenio entre 

be entered into between a com- el comisionado li comisionados 

missioner or commissioners ap- del gobierno Mexicano, y el 6 los 

pointed by the general-in-chief que nombre el General-en-gefe 

of the forces of the United States, de las fuerzas de los Estados 

and such as may be appointed by Unidos, para que cesen provis- 

the Mexican government, to the ionalmente las hostilidades, y se 

end that a provisional suspension restablerea en los lugares ocupa- 

of hostilities shall take place, dos por las mismas fuerzas el or- 

and that, in the places occupied den constitucional en lo politico, 

by the said forces, constitutional administrativo, y judicial, en cw~ 

order may be re-established, as anto lo permitan las circunstan- 

regards the political, administra- cias de ocupacion militar. 
tive, and judicial branches, so 
far as this shall be permitted by 
the circumstances of military oc- 
cupation. 

Article III. Articulo III. 

Immediately upon the ratifica- Luego que este tratado sea rat- 
tion of the present treaty by the ificado por el gobierno de los 
government of the United States, Estados Unidos, se expediran 
orders shall be transmitted to the ordenes a sus comandantes de 
commanders of their land and tierra y mar previniendo a estos 
nnval forces, requiring the latter segundos (siempre que el tratado 
(provided this treaty shall then haya sido ya ratificado por el go- 
have been ratified by the govern- bierno de la republica Mexicana) 
ment of the Mexican republic) que inmediatamente alcen el bid- 
immediately to desist from block- queo de todos los puertos Mexi- 
a^iing any Mexican ports; and canos, y mand;-ndo a los prime- 
requiring the former (under the ros (hajo la misma condicion) 
same condition) to commence, at que a la mayor posible brevedad 
the earliest moment practicable, comiencen a retirar todas las 
'withdrawing all troops of the tropas de los Estados Unidos que 



L 52 ] 



40 



on in the interior se hallaien entonoes on el mte- 

oftheMexit ,topoints rior do la re) Mexicana, i 

>e s non puntos se< .. in de comua 

acuefcdo, j quo no distaran He los 

_ ' I irty p mas de t runt a legu sj 

s . and s\i »f esta ei de 

shall la repub ica s« consumera con la 

be i the least pos- men or dilacion posible, com pro- 

sib\ Mfex g rem- metiendos gobierao 

• a facilitar, cuanto que- 
lity in its power pa en so arbitrio, la evacuai i 

. a bacer 

b comodas, su : perma- 

eir new pos s, and - - puntos que 

stand- seel : y a promoter una bu- 

b< I «■« en nd the in- ena int« is j los 

tea. [gualmente se ubra- 

- a la? • B en 
las aduanas mariti- 

- los put 
ed S 5, - s fuerzas s £ 

s, ei iniendol i - 
i liver la misma condicion) que poagan 
the inmediatamente en - - Q de 

- a las p< - 
re( eive it, s por el g M< \- 

■. - - - las 

- \ -de 

hos 
I ex I de ii ion y ex] ion, 

be u ..'.ire i s no esl6n 

'. i i - e forn 

Bel y exacta qu< ste cl 

ises p in total - -de 

Mes , by au ly ' .- ion y ex] . re- 

ad alter the camlad os en las ] 

imas 6 en a otro 

• ' - gar de Mea r autori 

s d e sd e el 
ion de este tra- 
tado por el gobi< i re- 

i; y tambien una 
■ _ . jtos de r* can da- 

sura a de los de- 
thc ex- rechos cotrad b, Los sola- 

s gastos ecand 
the capital se entregara al _ ierno Mexi- 
of the Mexican lep j the cano en la ciudad de Bfexi 

s, in los - de las 

virtue oi the at :es. 



41 



[ 58 ] 



•ball be completer! in one month 
after the order* ipulated 

for shall ba re been I by 

the commander of said troopi 

sooner a possible. 



Article IV. 

Immediately after the exchange 
of ratifications of the pr< 
treaty, &11 casth , territo- 

ries, places, and pos 
which have been taken or occu- 
pied by the forces of the L nited 
Stat" s during the present war, 
within the limits of ican 

repu about to be estab- 

lished by the following article, 
shall be definitively restored to 
the said republic, together with 
all the artillery, arms, apparatus 
o f w a r . ru u a itions, a n d o t h e r p ub- 
property, whi • in the 

and forts v. . 
tured. -and which ^ h a 1 1 rem; in 
there at the time when this treaty 
shall be duly ratified by the gov- 
ernment of the Mexican i 
To this end, immediately i 
the si^natuie of this trcaiy, or- 
ders sha'l be despatched to the 
American officers commanding 
such castles and forts, securing 
sgainst the removal or destruc- 
tion of any such artillery, arms, 
apparatus of war, muni' ions, or 
other public property. The city 
lexico, within the inner line 
of in trench merits surrounding the 
said city, is comprehended in the 
above stipulations, as regai ds the 
restoration of artillery, appara- 
tus of war. &c. 

The final evacuation of the ter- 
ritory of the Mexican republic, by 
the forces of the United States, 
shall be completed in three 
months from the said exchange 



La eraeuacion de la capiti 
la republics Mexicana por las 
trop; tad< Unii 

a de lo qui 
pulado, se eompletara al 

]•' r el comandante 
de dichastropas las ordenes con- 
venidas en el presente articulo, 
. tes si fuere posible. 

Akticulo IV. 

Luego que se verifique el cange 
de '."$ ratifi a< iones del presente 
tratodo, tod< stillos, fort- 

s, lugares, y po- 
ones que bayan toma 
o las fuerzas de Ids 
Unidos, en la pres<- 

i o de lo j que por el 

enti o van a fi ja- 

la re e devol- 

. l definitivamentea la misma 
la artil l< 
parejos de guerra, muni- 
ciones, y cualquiera otra pr' 
dad publica 
castillos y fortalezas, cu 

os, y que erve 

en ell os al I . rse 

<-l gobierno de la r«»publica 
Mexicanael presente tratado. A 
to, inroediatamente des- 
pues que se firn scpediran 

nes a los oficiales America- 
nos que mandan dichos castillos 
y fortalezas para asegurar toda 
la artilleria, armas, aparejos de 
guerra, municiones, y cualqu 
otra propiedad publica, la cual no 
ra en adelante removerse de 
donde se halla,ni destruirse. La 
ciudad de Mexico dentro de la 
linea interior de atrincberamien- 
tos que la circundan queda com- 
prendida en la precedente estjp- 
ulacion en lo que toca a la devo- 
lucion de artilleria, aparejos de 
guerra, etc. 

La final evacuacion del terri- 
torio de la republics Mexicana 
por las fuerzas de los Estados 



[52] 



42 



of ratifications, or sooner, if pos- 
sible: the Mexican government 
hereby engaging, as in the lore- 
going article, to use all means in 
iis power Tor facilitating such 
evacuation, and rendering it con- 
venient to 'i.etroops,and for pro- 
moting a good understai ding be- 
tween them and the inhabitants. 

If, however, the ratification of 
this treaiy by both parties should 
not take place in time to allow 
the embarcation of the troops of 
the United States to be comple- 
ted before the commencement of 
the sickly season, at the Mexi- 
can ports on the gulf of Mexico, 
in such case a friendly arrange- 
ment shall be entered into be- 
tween the general-in-chief of the 
said troops and the Mexican go- 
vernment, whereby healthy and 
otherwise suitable places, at a dis- 
tance from the ports not exceed- 
ing thirty leagues, shall be desig- 
nated for the residence of such 
troops as may not ) et have em- 
Larked, until the return of the 
healthy season. And the space 
of time here referred to as com- 
hending the sickly season, shall 
be understood to extend from the 
first day of May to the first, day 
of November 

All prisoners of war taken on 
either side, on land or on sea, 
shall be restored as soon as prac- 
ticable after the exchange of rat- 
ifications of this treaty. It is al- 
so agreed that if any Mexicans 
should now be held as captives 
by any savage tribe within the 
limits of the United States, as 
about to be established by the 
.following article, the government 
of the said United States will ex- 
act the release of sui h captives, 
and cause them to be restored to 
their country. 



Uni los quedara consumada a los 
tres meses del can^e de las rati- 
ficaciones, 6 an*es si fuere posi- 
ble, comprometiendose a la vez 
el gobierno Mexicano, como en 
el articulo anterior, a usar de to- 
dos los medios que esien en su 
poder para faeilitar la tal evacu- 
cion, hacerle eomoda a las tropas 
Americaaas, y promover entre 
ellas y los habitantes una buena 
inteligencia. 

Sin embargo, si la ratificacion 
del presente tratado por ambas 
partes no tuviera effeQto en tiem- 
po que permita que el ernba'que 
de las tropas de los Estados Uni- 
dos se complete, antes de que 
comience la estacion malsana en 
los puertos Mexicanos del golfo 
de Mexico; en tal caso, se hara 
un arreglo amistoso entre el go- 
bierno Mexicano y el general-en- 
gefe de dichas tropas, y por me- 
dio de ese arreglo se senalaran 
lugares salubres y convei lentes 
(que no disten de los puertos mas * 
de treinta leguas-) para- que re- 
sidan en el los hasta la vuelta de 
la estacion sana. las tropas que 
aun no se hayan embarcado. Y 
queda tntendido que el espacio 
de tiempo de que aqui se habla., 
como comprensivo de la estacion 
malsana, se extiende desde el dia 
primero de Mayo hasta el dia pri~ 
mero de Noviem.bre. 

Todos los prisoneros deguerra 
tornados en mar 6 tierra por am- 
bas partes, se restitui'ran a la 
mayor brevedad pcsille despues 
del cange de las ratifieaciones 
del presente tratado. Queda tam- 
bien convenido que se algunos 
IVItxicanos estuvieren ahora cau^' 
tivos en poder de alguna tribu 
salvage dentro de ios limites que 
por el siguiente articulo van 4 
fijarse a los Estados Unidos, el 
gobierno de los mismos Estados 
Unidos exigiia su libertad y los 
hara restituir a su pais. 



43 I 52 J 

Article V. Articulo V. 

The boundary line between the La linea divisoria entre las dos 

two republics shall commence in repubhcas comenzara en el golfo 

the gulf of Mexico, three leagues de Mexico, t res leguas fueia de 

from land, opposite the mouth of, tierra frente a la desembocadura 

the Rio Grande, otherwise called del Rio Grande, llamado por otro 

Rio Bravo del Norte, or oppo- nombre Rio Bravo del Norte, 6 

site the mouth of its deepest del mas profundo de sus brazos, 

branch, if it should have more si en la desembocadura tuviere, 

than one branch emptying direct- varios brazes; correra por mitad 

ly into the sea; from thence up de dicho r.io, siguiendo el canal 

the middle of that river, follow- mas profundo, donde tenga mas 

ing the deepest channel, where it de un canal, hasta el punto en 

has more than one, to the point que dicho rio corta el lindero 

where ir, strikes the southern meridional de Nuevo Mexico; 

boundary of New Mexico; thence continuara luego hacia occidente 

■westwardly, along the whole por todo este lindero meridional 

southern boundary of New Mex- (que corre al norte del pueblo 

ico (which runs north of the llamado 'Paso) hasta su terraino 

town called Paso) to its western por el lado de occidente; desde 

termination; thence northward, alii subira la linea divisoria ha- 

a'ong the western line of New cia el norte por el lindero occi- 

% Mexico, until it intersects the dental de Nuevo Mexico, hasta 

first branch of the River Gila; (or donde este lindero este cortado 

if it should not intersect any por el primer brazo del Rio Gila; 

branch of that river, then to the (y si no esta cortado por ningun 

point on the said line nearest to brazo del Rio Gila, entonces has- 

such branch, and thence in a di- ta el punto del mismo lindero oc- 

rect line to the same;) thence cidental mas cercano al tal brazo, 

down the middle of the said y da alii en una linea recta al 

brnVch and of the said river, un- mismo brazo;) continuara des- 

til it empties into the Rio Colo- pues por mitad de este brazo y 

rado; thence across the Rio Co- del Rio Gila hasta su confluencia 

lorado, following the division con el Rio Colorado; y desde la 

line between Upper and Lower confluencia de ambos rios la li- 

California, to the Pacific ocean, nea divisoria, cortando el Colo- 

The southern and western li- rado,seguira el liraite que separa 

mits of New Mexico, mentioned la Alta de la Baja California 

in this article, are those laid hasta el inar Pacifico. 

down in the mnp entitled u Map Los linderos meridional' y oc- 

of the United Mexican States, as cidental de Nuevo Mexico, de 

organized and defined by various que habla este articulo, son los 

acts of the congress of sa : d re- que se marcan en la carta titula- 

public. and constructed according da: Mapa de los Estados Unidos 

to the best authorities. Revised de Mexico segun lo organizado y 

edition. Published at New York, defaido por las varias actas del 

in 1847, by J. Bisturnell.' 1 '' Of congreso de dicha republica, y 

which map a copy is added to construido por las mejores auto- 

this treaty, bearing the signa- ridades. Edicion revisada que 

lures and seals of the undersign- publico en Nuevo York, en 1847 ? 



[52] 



44 



ed plenipotentiaries. And in or- J. Disturnell; de la cual se ag- 

der to preclude all difficulty in grega un ejeraplar al presente 

tracing upon the ground the li- tratado, firmado y sellado por los 

ink separating Upper from Lower plenipo; inrios infrascriptos. 

California, it is agreed that the Y para evitar toda dificultad al 

said limit shall consist of a trazar sobre la tierra el limite 

straight line drawn from the mid- que separa la Alta de la Baja 

die of the Rio Gila, where it California, queda convenido que 

unites with the, Colorado, to a dicho limite consistira en una li- 

point on the coast of the Pa- nea recta tirada desde la mitad 

cific ocean, distant one marine del Rio Gila en el punto donde 

league due south of the southern- se une con el Colorado, hasta un 

most point of the port of San punto en la costa del mar Pacifi- 

Diego, according to the plan of co, distante una legua marina al 

said port made in the year 1782, surdel punto mas meridional del 

by Don Juan Pantoja, second puerto de San Diego, segun este 

sailing-master of the Spanish puerto esta dibujado en el piano 

fleet, and published at Madrid in que levanto el ano de 1782 el se- 

the year 1802, in the Atlas to the gundo piloto de la armadaEspa- 

vayage of the schooners Sutil nola Don Juan Pantoja, y se pub- 

and Mcxicana, of which plan a lico en Madrid el de 1802, en el 

copy is hereunto added, signed atlas para el viage de las goletas 

and sealed by the respective plen- Sutil y Mexicana; del cual piano 

ipotentiaries. se agrega copia firmada y seilada # 

In order to designate thebound- por los plenipotenciarios resptc- 

ary line with due precision, upon vivos. 

authoritative maps, and to estab- Para consignar la linea diviso- 
lish upon the ground landmarks iia con la precision debida en 
which shall show the limits of mapas fehacientes, y para estab- 
botb republics, as described in lecer sobre la tierra mojpnes que 
the present article, the two gov- pongan a la vista los limites de 
ernments shall each appoint a ambas repiiblicas, segun queaan 
commissioner and a surveyor, descritos en el presente articulo, 
who, before the expiration of one nombrara cada uno c!e los dos go- 
year from the date of the ex- 1 biernos un comisario y un agri- 
change of ratifications of this mensor, que se juntaran antes del 
treaty, shall meet at the port of termino de un ano contado desde 
San Diego, and proceed to run la fecha del cange de las ratihea- 
and mark the said boundary in ciones de este tratado, en el pu- 
its whole course to the mouth of erto de San Diego, y procedeian 
the Rio Bravo del Norte. They a stnalar y demarcar la expresa- 
shall keep journals and make out da linea divisoria en todo su cur- 
plans of their operations; and so hasta la desembocadura del 
the result agreed upon by them Rio Bravo del Norte. Llevaran 
shall be deemed a part of this diarios y Uevantf.ran pianos de 
treaty, and shail have the same sus operaciones: y el resultado 
force as if it were inserted there- convenido por ellos se tendra por 
in. The two governments will parte de este tratado, y tendra la 
amicably agree regarding what m'sma fueiza que si estuviese in- 
may be necessary to these per- serto en el; debiendo convenir 
sonsjandalso as to their respect- amistosamente los dos gobiernos 



45 [ 52 ] 

ive escorts, should such be ne- en el arreglo de cuanto necesiten 

cessary. estos individuos, y en la escolta 

The boundary line established respectiva que deban llevar, si- 

b y this article shall be religious- empre que se crea necesario. 

]y respected by each of the two La linea divisoria que se estab- 

republics, and no change shall lece por este articulo serareligi- 

ever be made therein, except by osamente respetada por cada una 

the express and free consent of de las dos repiiblicas, y ninguna 

both nations, lawfully given by variacion se hara jamas en ella, 

the general government of each, sino de expreso y libre consenti- 

in conformity with its own con- miento de arabas naciones, otor- 

stitution. gado legalmente por el gobierno 

general de cada una de ellas, con 
arreglo a su propia constitucion. 

Article VI. Articulo VI. 

The vessels and citizens of the Los buques y ciudadanos de 
United States shall, in all ti^ne, los Estados Unidos tendran en 
have a free and uninterrupted todo tiempo un libre y no inter- 
passage by the gulf of Califor- rumpido transito por el golfo de 
nia, and by the river Colorado California y por el Rio Colorado 
below its confluence with the desde su confluencia con el Gila, 
Gila, to and from their posses- para sus posesiones y desde sus 
sions situated north of the bound- posesiones sitas al norte de la li- 
ary line defined in the preceding nea divisoria que queda marcada 
article: it being understood that en el articulo precedente; enten- 
this passage is to be by navigat- diendose que este transito se ha 
ing the gulf of California and the de hacer navegando por el golfo 
river Colorado, and not by land, .de California y por el Rio Colo- 
without the express consent of rado, y no por tierra, sin expre- 
the Mexican government. so consentimiento del o- bierno 

If, by the examinations which Mexicano. 
may be made, it should be as- Si por reconocimientos que se 
certained to be practicable and practiquen se comprobare la pos- 
advantageous to constructa road, ibilidad y conveniencia de con- 
canal, or railway, which should struir un camino, canal, 6 ferro- 
in whole or in part run upon the carril, que en todo 6 en parte 
river Gila, or upon its right or corra sobre el Rio Gila 6 sobre 
its left bank, within the space of alguna de sus margenes derecha 
one marine league from either 6 izquierda en la latitud de una 
margin of the river, the govern- legua marina de uno 6 de otro 
inents of both republics will form lado del rio, los gobicrnos de 
an agreement regarding its con- ambas republicas se pondran de 
struction, in order that it may acuerdo sobre su construccion a 
serve equally for the use and ad- fin de que sirva igualmente para 
vantage of both countries. el uso y provecho de ambos 

paises. 

Article VII. Articulo VII. 

The River Gila, and the part Como el Rio Gila y la parte 

«f the Rio Bravo del Norte lying del Rio Bravo del-Norte que cor- 



[52] 



46 



below the southern boundary of re bajo el lindero meridional de 
New Mexico, being, agreeably to Nuevo Mexico sedividen por mi- 
the fifth article, divided in the tad estre las dos republicas, se- 
middle between the two repub- gun lo establecido en el a-iiculo 
lies, the navigation of the Gila quinto, la navegacion en el Gila 
and of the Bravo below said y en la parte que queda indicada 
boundary shall be free and com- del Bravo, sera libre y comun a 
mon to the vessels and citizens los buques y ciudadanos de arn- 
of both countries; and neither bo? paises,sin que p^r alguno de 
shall, without the consent of the ellos pueda hacerse(sin consent- 
other, construct any work that imie*nto del otro) ninguna obra 
may impede or interrupt, in que impida 6 interrumpa en todo 
whole or in part, the exercise of 6 en parte el ejercicio de este 
this right; not even for the pur- derecho, ni aun . con motivo de 
pose of favoring new methods of favorecer nuevos metodos de 
navigation. Nor shall any tax navegacion. Tampoco se podia- 
or contribution, under any de- cobrar (sino en el caso de de- 
nomination or title, be levied sembarco en alguna de sus ribe- 
upon vessels, or persons navigat- ras) ningun impuestoo contribu- 
ing the same, or upon merchan- cion bajo ninguna denominacioa 
diseor effects transported there- 6 titulo a los buques, e/'ectos, 
on,exceot in the case of landing mercancias 6 personas que nave- 
upon one of their shores. If, guen en dichos rios. Si para 
for the purpose of making the hacerlos 6 mantenerlos navega- 
said rivers navigable, or for bles fuere necesario 6 conveni- 
maintaining them in such state, ente estabiecer alguna contribu.- 
it should be necessary or advan- cion 6 impuesto, no podra" esto 
tageous to establish any tax or hacerse sin el consentimiento de 
contribution, this shall not be. los dos gobicrnos. 
done without the consent of both Las estipulaciones contenida* 
governments. en el presente ariiculo dejan ile- 
The stipulations contained in sos los derechos territoriales de 
the present article shall not im- una y otra republica dentro de 
pair the territorial rights of eitker los limites que les quedan mar- 
rppnblic within its established cados. 
limits. 

Article VIII. Articulo VIII. 

Mexicans now established in Los Mexicanos establecidos 

territories previously belonging hoy en territories pertenecientes 

to Mexico, and which remain lor antes & Mexico, y que quedan 

the future within the limits of para lo futuro dentro de los lim- 

thc United States, as defined by ites senalados por el presente 

the present treaty, shall be free tratado & los Estados Unidos, 

to continue where they now re- podian permanecer en donde 

side, or to remove at any time to aho,ra habi f an, 6 trasladarse en 

the Mexican republic, retaining cualquier tiempo a la republica 

the property which they possess Mexicana, conservando en los 

in the said territories, or dispos- indicados territorios los bienes 

ing thereof, aud removing the que poseen, 6 enagenandolos y 

proceeds wherever they please, pasando su valor a donde les eon- 



47 [ 52 ] 

without their being subjected, on venga, sin que por esto pueda 
this account, to any contribution, exigirseles ningun genero de con- 
tax, or charge whatever. tribucion, gravamen 6 impuesto. 
Those who shall prefer to re- Los que prtfieran permanecer 
main in the said territories, may en los indicados territorios, po- 
either retain the title and rights drdn conservar el titulo y de ( ^ 
of Mexican citizens, or acquire chos de ciudadanos Mexicanos,6 
those of citizens of the United tidquirir el titulo y derechos r;e 
States. But they shall be under ciudadanos de los Estados Uni- 
the obligation to make their elec- dos. Mas la eleccion entre una 
tion within one year from the y otra ciudadania deberdn ha- 
date of the exchange of ratifica- la dentro de un ano contado des 
tions of this treat); and those de la fecha del cange de las rrtti- 
who shall remain in the said ter- caciones de este tratodo. Y los 
ritories after tie expiration of que permanecieren en los indi- 
that year, without having de- cadosterriioriosdespuesde trans- 
clared their intention to retain currido el ano, sin haber decla- 
the character of Mexicans, shall rado su intencion de retener el 
be considered to have elected to canicter de Mexicanos, se con- 
become citizens of the United siderara que han elegido ser ci 
States. dadanos de los Estados Unidos. 
In the said territories, proper- Las propiedades de todo gen- 
ty of every kind, now belonging ero existentes en los expresados 
to Mexicansnotestablished there, territorios, y que pertenecen 
shall be inviolably respected, ahora a Mexicanos no estableci- 
The present owners, the heirs of dos en ellos,sei4n respetadas in- 
these, and all Mexicans who may violablemente. Sus actuales due- 
hereafter acquire said property fins, los herederos de estos, y los 
by contract, shall enjoy, with . Mexicanos que en lo venidero 
respect to it, guaranties equally puedan adquirir por contrato las 
ample as if the same belonged to indicadas propiedades, disfruta- 
citizens of the United States. ran respecto de ellas tan amplia 

garantia, corao si perteneciesen 
a ciudadanos de los Estados Uni- 
dos. 

Article IX. Articulo IX. 

The Mexicans who, in the ter- Los Mexicanos que en los ter- 
ritories aforesaid, shall not pre- ritorios antedichos no conserven 
serve the character of citizens of el caidcter de ciudadanos de la 
the Mexican republic, conform- reptiblica Mexicana segun lo es- 
ably with what is stipulated in tipulado en el precedente articu- 
the preceding article, shall be lo, seran incorporados en la un- 
incorporated into the Union of on de los Estados Unidos, y se 
the United States, and admitted admitir&n lo mas pronto posible 
as soon as possible, according to conforme i los principios de su 
the principles of the federal con- constitucion fed e rill, al goze de 
stitution, to the enjoyment of all la plenitud de derechos de ciu- 
the rights of citizens of the Uni- dadanos de dichos Estados Uni- 
ted States. In the meantime, dos. En el entretanto senin man- 
they shall be maintained and tenidos y protegidos en el goze 



[ 52 ] 48 

protected in the enjoyment of de su libertad, de su propiedad y 

their liberty, their property, and de los derechos civiles que hoy 

the civil rights now vested in tienen segun las leyes Mexica- 

them according to the Mexican nas. En lo respectivo a dere- 

laws. With respect to political chos politicos, su condicion ser«L 

rights, their condition shall be iguaH la de los habitantes de los 

on an equality with that of the otros territorios de los Estados 

inhabitants of the other territo- Unidos, y. tan buena & lo menos 

ries of the United States, and at como la de los habitantes de la 

least equally good as that of Luisiana y las Flondas cuando 

the inhabitants of Louisiana and estas provincias por les cesiones 

the Floridas, when these pro- que de ellas hicieron la republica 

vinces, by transfer from the Francesa y la corona de Espafla 

French republic and the crown posaron a ser territorios de la 

of Spain, became territories of Union Norte Americana, 

the United States. Desfrutar&n igualmente la mas 

The same most ample guaran- amplia garantia todos los eclesi- 
ty shall be enjoyed by all eccle- astieos, corporaciones y comuni- 
siastics and religious corpora- dades religiosas, tanto en el de- 
tions or communities, as well in sempefio de las funciones de su 
the discharge of the offices of ministerio, como en el goze de 
their ministry as in the enjoy- su propiedad de todo genero, 
ment of their property of every bien pertenezca esta £ las perso- 
kind, whether individual or cor- nas en particular, bien a las cor- 
porate. This guaranty shall em- poraciones. La dicha garantia 
brace all temples, houses, and se extender;! & todos los templos, 
edifices dedicated to the Roman casas y edificios dedicados al 
Catholic worship, as well as all culto Catolico Romano, asi como 
property destined to its support, .& los bienes destinados a* su man- 
or to that ot schools, hospitals, tenimiento y al de las escuelas, 
and other foundations for chari- hospitales, y demds fundaciones 
table or beneficent purposes. No de caridad y beneficencia. Nin- 
property of this nature shall be guna propiedad de esta clase se 
considered as having become the considerard que ha pasado a ser 
property of the American gov- propiedad del gobierno America- 
eminent, or as subject to be by no, 6 que puede este disponer de 
it disposed of, or diverted to ella 6 Ylestinarla a otros usos. 
other uses. Finalmente, las relaciones y 

Finally, the relations and com- comunicacion de los Catolicos 
munication between the Catho- existentes en los predichos terri- 
lics living in the territories afore- torios, con sus respectivas auto- 
said, and their respective eccle- ridades eclesiasticas, serdn fran- 
siastical authorities, shall be cas, libres, y sin embarazo algu- 
open, free, aud exempt from all no, aun cuando las dichas auto- 
hindrance whatever, even al- ridades tengan :u residencia den- 
though such authorities should tro de los limites que quedan 
reside within the limits of the "senalados per el presente tratado 
Mexican republic, as defined by a la republica Mexicana, mien- 
this treaty; and this freedom tras no se haga una nueva de- 
shall continue, so long as a new marcacion de distritos eclesi&sti- 



49 [ 52 1 

demarkation of ecclesiastical dis- cos, con aneglo & las leyes de la 

tricts shall not have been made, iglesia Catolica Roinana. 
conformably with the laws of the 
Roman Catholic church. 

Article X. Articulo X. 

All grants of land made by the Todas l^s concesiones de tierra 

Mexican government, or by the hechas por el gobierno Mexicano, 

competent authorities, in territo- opor las autoridatlescorapetentes 

ries previously appertaining to en territorios que pertenecieron 

Mexico, and remaining for the antes a Mexico, y quedan para 

future within the limits of the lo futur uo de los limites de 

United States, shall be respected los Estado^ Unidos, seran respe- 

as valid, to the same extent that tados como valt'das, con la misma 

the same grants would be valid extension con que lo serian si los 

if the said territories had remain- indicados territoros permanecie- 

ed within the limits of Mexico, ran dentro de los limites de Mex- 

33ut the grantees of lands in Tex- ico. Pero los concesionarios de 

as, put in possession thereof, tierras en Tejas, que hubieren 

who, by reason of the circum- tornado po -ion de ellas, y que 

stances of the country, since the por razon de las circunstancias 

beginning of the troubles be- del pais desde que comenzaron 

tween Texas and the Mexican las desavenencias entre el gobi- 

government, may have been pre- erno Mexicano y Tejas, hayan 

vented from fulfilling all the con- estado impedidbs de llenar todas 

ditions of their grants, shall be las condiciones de sus conce- 

under the obligation to fulfil the siones, tendran la obligacion de 

said conditions within the periods cumplir las mismas condiciones, 

limited in the same, respectively; dentro de los plazos seiialados en 

such periods to be now counted aquellas respectivamente, pero 

from the date of the exchange of contados ahora desde la fecha del 

ratifications of this treaty; in de- cange de las ratificaciones de este 

fault of which, the said grants tratado; por falta.de lo cual, las 

shall not be obligatory upon the rnismas concesiones no seran ob- 

State of Texas, in virtue of the ligatorias para el Estado de Te- 

stipulations contained in this ar- jas en virtud de las estipula- 

ticle. * ciones contenidas en este arti- 

The foregoing stipulation in culo. 
regard to grantees of land in La anterior estipulacion re- 
Texas is extended to all grantees specto de los concesionarios de 
of land in the territories afore- tierras en Tejas, se extiende a 
said, elsewhere than in Texas, todos los concesionarios de tier- 
put in possession under such ras en los indicados territorios 
grants; and, in default of the ful- fuera de Tejas, que hubieren to- 
filment of the conditions of any mado posesion de dichas conces- 
such grant, within the new peri- iones: y por falta de cumplimi- 
od, which, as is above stipulated, ento de las condiciones de algu- 
begins with the dty of the ex- na de aquellas dentro del nuevo 
change of ratifications of this plazo que empieza a correr el 
treaty, the same shall be null and dia del cange de las ratificaciones 
Toid. del presente tratado, segunlo es- 
4 



[52] 



50 



The Mexican government de- tipulado arriba, seran las mismas 

clares that no grant whatever of concesiones nulas y de ningun. 

lands in Texas has been made valor. 

since the second day of March, El gobierno Mexicano declara 
one thousand eight hundred and que no se ha hecho ninguna con- 
thirty-six ; and that no grant cesion de tierras en Tejas desde 
whatever of lands, in any, of the el dia dos de Marzo de mil ocho- 
territories aforesaid, has been cientos treinta y seis; y que tam- 
made since the thirteenth day of poco se ha hecho ninguna en los 
May, one thousand eight hun- otrosterritoriosmencionadosdes- 
dred and forty-six. pues del trece de mano de mil 

ochocientos cuarenta y seis. 

Article XI. • Articulo XI. 

Considering that a great part En atencion a que una gran 

of the territories which, by the parte de los territorios que por 

present treaty, are to be compre- • el presente tratado van a quedar 

hended for the future within the para lo futuro dentro de los lim- 

limits of the United States, is ites de los Estados Unidos, se 

now occupied by savage tribes, halla actualmente ocupada por 

who wiil hereafter be under the tribus salvages, que han de estar 

exclusive control of the govern- en adelante bajo la exclusiva au- 

ment of the United States, and toridad del gobierno de los Es- 

whose inclusions within the ter- tadosUnidos,y cuyas incursiones 

ritory of Mexico would be pre- sobre los distritos Mexicanos se- 

judicial in tjie extreme, it is sol- rian en extremo perjudiciales ; 

emnly agreed that all such in- estasolemnemente convenido que 

cursions shall be forcibly re- el mismo gobierno de los Esta- 

strained by the government of dos Unidos contendra las indica- 

the United States whensover this das incursiones por medio de la 

may be necessary; and that when fuerza siempre que asi sea ne- 

they cannot be prevented, they cesario; y cuando no pudiere 

shall be punished by the said gov- prevenirlas, castigara y escar- 

ernmeat,and satisfaction for the mentara a los invasores, exigien- 

same shall be exacted — all in the doles ademas la debida repara- 

same way, and with equal dili- cion: todo del mismo modo, y con 

gence and energy, as if the same la misma diligencia y energia con 

incursions were meditated or que obraria, si las incursiones se 

committed within its own terri- hubiesen meditado 6 ejecutado 

tory, against its own citizens. sobre territorios suyos 6 contra 

It shall not be lawful, under sus propio's ciudadanos. 

any pretext whatever, for any in- A ningun habitante de los Es- 

habitant of the United States to tados Unidos sera licito, bajo 

purchase or acquire any Mexican, ningun pretesto, comprar 6 ad- 

or any foreigner residing in Mex- quirir cautivo alguno, Mexicano 

co, who may have been captured 6 extrangero, residente en Mexi- 

by Indians inhabiting the terri- co, apresado por los Indios hab- 

tory of either of the two repub- itantes en territorio de cualquie- 

lics, nor to purchase or acquire ra de las dos repiiblicas, ni los 

horses, mules, cattle, or property caballos, mulas, ganados, 6 cual- 

#f any kind, stolen within Mexi- quiera otro genero de cosas que 



51 [ 52 ] 

can territory by such Indians; hayan robado dentro del territo- 

nor to provide such Indians with rio Mexicano; ni en fin venderles 

fire-arms or ammunition, by sale 6 ministrarles bajo cualquier titu- 

or otherwise. lo armas de fuego 6 municiones. 

And in the event of any person Y en caso de que cualquier 
or persons, captured within Mex- persona 6 personas cautivadas 
ican territory by Indians, being por los Indios dentro del territo- 
carried into the territory of the rio Mexicano sean llevadas al 
United States, the government territorio de los Estados Unidos, 
of the latter engages and binds el gobierno de dichos Estados 
itself, in the most solemn man- Unidos se compromete y liga de 
ner, so soon as it shall know of la manera mas solemne, en cu- 
such captives being within its anto le sea posible,a rescatarlas, 
territory, and shall be able so to y a restituirlas a su pais, 6 en- 
do, through the faithful exercise tregarlas al agente 6 represent- 
of its influence and power, to ante del gobierno Mexicano; ha- 
rescue them and return them to ciendo todoesto,tan luego como 
their country, or deliver them to sepa que los dichos cautivos se 
the agent or representative of hailan dentro de su territorio, y 
the Mexican government. The empleando al efecto el leal ejer- 
Mexican authorities will, as far cicio de su infiuencia y poder. 
as practicable, give to the gov- Las autoridades Mexicanas daran 
eminent of the United States no- a las de los Estados Unidos, se- 
tice of such captures; and its gun sea practicable, una noticia 
agent shall pay the expenses in- de tales cautivos; y el agente 
curred in the maintenance and Mexicano pagara los gastos ero- 
transmission of the rescued cap- gados en el mantenimiento y re- 
tives; who, in the mean time, mision de los que se rescaten, los 
shall be treated with the utmost cerales entre tanto seran tratados 
hospitality by the American au- con la mayor hospitalidad por 
thorities at the place where they las autoridades Americanas del 
maybe. But if the government lugar en que se encuentren. Mas 
of the United States, before re- si el gobierno de los Estados 
ceiving such notice from Mex- Unidos antes de recibir aviso de 
ico, should obtain intelligence, Mexico, tuviera noticia por cu- 
through any other channel, of alquiera otro conducto de existir 
the existence of Mexican cap- en su territorio" cautivos Mexica- 
tives within its territory, it will nos, procedera desde luego a 
proceed forthwith to effect their veriflcar su rescate y entrega al 
release and delivery to the Mex- agente Mexicano, segun queda 
ican agent, as above stipulated. convenido. 

For the purpose of giving to Con el objeto de dar a estas 
these stipulations the fullest pos- estipulaciones la mayor fuerza 
sible efficacy, thereby affording posible, y afianzar al mismo ti- 
the security ' and redress de- empo la seguridad y las reparar 
manded by their true spirit and ciones que exige el verdaderp 
intent, the government of the espiritu e intencion con ,que^s.e 
United States will now and here- han ajustado, el gobierno de lbs 
after pass, without unnecessary Estados Unidos dictara sin'inii- 
delay, and always vigilantly en- tiles delaciones, ahora y en lo de 
force, such laws as the nature of adelante, las leyes que requien. 



[52] 



52 



the subject may require. And 
finally, the sacre'dness of this 
obligation shall never be lost 
sight of by the said government 
when providing for the removal 
of the Indians from any portion 
of the said territories, or for its 
being settled by citizens of the 
United States; but on the con- 
trary, special care shall then be 
taken not to place its Indian oc- 
cupants under the necessity of 
seeking nev/ homes, by commit- 
ting those invasions which the 
United States have solemnly 
obliged themselves to restrain. 



AltTK ; £ XII. 

In consideration of the exten- 
sion acquired by the boundaries 
of the United States, as defined 
in the fifth article of the present 
treaty, the government of the 
United States engages to pay to 
that of the Mexican republic the 
sum of fifteen millions of dollars, 
in the one or the other of the 
two modes below specified. The 
Mexican government shall, at 
the time of ratifying this treaty, 
declare which of these two modes 
of payment it prefers; and the 
mode so elected by it shall be 
be conformed to by that of the 
United States. 

First mode of payment: Imme- 
diately after this treaty shall 
have been duly ratified by the 
government of the Mexican re- 
public, the sum of three millions 
of dollars shall be paid to the 
isaid government by that of the 
United States, at the city of 
Mexico, in the gold or silver 
coin of Mexico. For the re- 
maining twelve millions of dol- 
lars, the United States shall cre- 
ate a stock, bearing an interest 



la naturaleza del asunto, y vigi- 
lara siempre sobre su ejecucion. 
Finalmente, el gobierno de los 
mismos Estados Unidos tendra 
muy presente la santidad de esta 
obligacion siempre que tenga que 
desalojar a los Indios de cual- 
quier punto de los indicados ter- 
ritories, 6 que establecei en el 
a ciudadanos suyos; y cuidara 
muy especialmente de que no se 
ponga a los Indios que ocupaban 
antes aquel punto, en necesidad 
de buscar nuevos hogares por 
medio de las incursiones sobre los 
distritos Mexicanos, que el go- 
bierno de los Estados Unidos se 
ha comprometido soleinnemente 
a reprimir. 

Articulo XII. 

En consideracion a la esten- 
sion que adquieren los limites de 
los Estados Unidos, segun que- 
dan descritos en el articulo quin- 
to del presente tratado, el gobi- 
erno de los m\smos Estados Uni- 
dos se compromete a pagar al de 
la republica Mexicana la suma 
de quince millones de pesos, de 
una de las dos maneras que van 
a explicarse. El gobierno Mex- 
icano, al tiempo de ratificar este 
tratado, declarara cual de las dos 
maneras de pago prefiere; y a la 
que asi elija, se arreglara el go- 
bierno de los Estados Unidos al 
verificar el pago. 

Primera manera de pago: In- 
mediatamente despues que este 
tratado haya sido ratificado por 
el gobierno de la republica Mex- 
icana, se entregara al mismo go- 
bierno por el de los Estados Uni- 
dos en la ciudad de Mexico, y 
en moneda de plata u oro del 
cuno Mexicano, la suma de tres 
millones de pesos. Por los doce 
millones de pesos restantes, los 
Estados Unidos crearan un tfondo 
publico, que gozara redito de 



53 



J_ **""• J 



of six per centum per annum, 
commencing on the day of the 
ratification of this treaty by the 
government of the Mexican re- 
public, and payable annually at 
the city of Washington; the 
principal of said stock to be re- 
deemable there, at the pleasure 
of the government of the United 
States, at any time after two 
years from the exchange of rat- 
ifications of this treaty; six 
months' public notice of the in- 
tention to redeem the same being 
previously given. Certificates of 
such stock, in proper form, for 
such sums as shall be specified 
by the Mexican government, and 
transferable -by the said govern- 
ment, shall be delivered to the 
same by that of the United States. 



Second mode of payment: Im- 
mediately after this treaty shall 
have been duly ratified by the ' 
government of the Mexican re- 
public, the sum of three millions 
of dollars shall be paid to the 
said government by that -of the 
United States, at the city of 
Mexico, in the gold or silver 
coin of Mexico. The remaining 
twelve millions of dollars shall 
be paid at the same place, and 
in the same coin, in annual in- 
stalments of three millions of 
dollars each, together with in- 
terest on the same at the rate of 
six per centum per annum. This 
interest shall begin to run upon 
the whole sum of twelve millions 
from the day of the ratification 
of the present treaty by the Mex- 
ican government, and the first of 
the instalments shall be paid at 
the expiration of one year from 
the same day. Together with 
each annual instalment, as it 
falls due, the whole interest ac- 



seis por ciento al afio, el cual 
redito ha de comenzar a correr 
el dia que se ratifique el presente 
tratado por el gobierno de la re- 
publica Mexicana, y se pagara 
anualmente en la ciudad de Wash- 
ington. El capital de wicho 
fondo publico sera redemible en 
la misma ciudad de Washington 
en cualquiera epoca que lo dis- 
ponga el gobierno de losEstados 
Unidos, con tal que hayan pasa- 
do dos afios contados desde el 
cange de las ratificaciones del 
presente tratado, y dandose aviso 
al publico con anticipation de 
seis meses. Al gobierno Mexi- 
cano se entregaran por el de los 
Estados Unidos los bonos cor- 
respondientes a dicho fondo, ex- 
tendidos en debida forma, divid- 
idos en las cantidades que sefiale 
el expresado gobierno Mexicano, 
y enagenables por estate. 

Segunda manera de pago: In- 
mediatamente despues que este 
tratado haya sido ratificado por 
el gobierno de la republica Mex- 
icana, se entrc-gara al mismo 
gobierno por el de los Estados 
Unidos, en la ciudad de Mexico,. 
y en moneda de plata u oro del 
cufio Mexicano, la suma de tres 
millones de pesos. Los doce 
millones de pesos restantes se 
pagardn en Mexic©, en moneda 
de plata u oro del cufio Mexica- 
no, en abonos de tres millones 
de pesos cada afio, con un redito 
de seis por ciento anual: este re- 
dito comienza d. correr para toda 
la suma de los doce miliones el 
dia de la ratificacion del presente 
tratado por el gobierno Mexica- 
no, y con cada abono anual de 
capital se pagarii el redito que 
corresponda & la suma abonada. 
Los plazos para los abonos de 
capital corren desde el mismo 
dia que empiezan d camarse los 
reditos. El gobierno de los Es- 



[52] 



54 



cruing on such instalment from tados Uniclos entregara al de la 
the beginning shall also be paid, republica Mexicana pagares ex- 
Certificates in proper form, for tendidos en debida forma, cor- 
the said instalments, respective- rcspondientes& cada abono anual, 
ly, in such sums as shall be de- divididos n las cantidades que 
sired by the Mexican govern- senalc el dicho gobierno Mexi- 
ment, and transferable by it, shall cano, y enagenables por este. 
be delivered to the said govern- 
ment by that of theUnited States. 

Article XIII. Articitlo XIII. 

The United States engage, Se obliga ademas el gobierno 

moreover, to assume and pay to de los Estados Unidos a toma- 

the claimants all the amounts sobre si, y satisfacer cumplida- 

now due them, and those here- mente- a los reclamantes, todas 

after to become due, by reason las cantidades que hasta aqui se 

of the claims already liquidated les deben y cuantas se venzan en 

and decided against the Mexican adelante por razon de las recla- 

republic, under the conventions maciones ya liquidadas y senten- 

between the two republics seve- ciadas contra la republica Mexi- 

rally concluded on the eleventh cana conforme a los convenios 

day of April, eighteen hundred ajustados entre ambas republicas 

and thirty-nine, and on the thir- el once de Abril de mil oohoci- 

iieth day of January, eighteen entos treinta y nueve, y el tre- 

hundred and forty-three: so that inta de Enero de mil cchocieritos 

the Mexican republic shall be cuarenta y tres; de manera que 

absolutely exempt, for the future, ,1a republica Mexicana nada ab- 

from all expense whatever on solutamente tendra que lastar en 

account of the said claims. lo venidero, por razon de los in- 

dicados reclamos. 

Article XIV. ' Articulo XIV. 

The United States do further- Tambien exoneran los Estados 

more discharge the Mexican re- Unidos a la republica Mexicana 

public from all claims of citizens de todas las reclamaciones de 

of the United States, not hereto- ciudadanos de los Estados Unidos 

fore decided against the Mexican no decididas aun contra el gobi- 

government, which may have erno Mexican o, y que puedan 

arisen previously to the date of haberse originado antes de la 

the signature of this treaty; fecha de la prima del presente 

which discharge shall be final tratado: esta exoncracion es de- 

and perpetual, whether the said finitiva y perpetua, bien sea que 

claims be rejected or be allowed las dichas reclamaciones se ad- 

by the board of commissioners miian, bien sea que se desechen 

provided for in the following ar- por el tribunal dc comisarios de 

tide, and whatever shall be the que habla el articulo siguiente, 

total amount of those allowed. y cualqui^ra que pueda ser el 

monto total de las que queden 

a;lmitidas. 



55 



[52] 



Article XV. . 

The United States, exonerating 
Mexico from all demands on ac- 
count of the claims of their citi- 
zens mentioned in the preceding 
article, and considering them en- 
tirely and forever cancelled, 
whatever their amount may be, 
undertake to make satisfaction 
for the same, to an amount not 
exceeding three and one quarter 
millions of dollars. To ascertain 
the validity and amount of those 
claims, a board of commissioners 
shall be established by the gov- 
ernment of the United States, 
whose awards shall be final and 
conclusive: provided, that in de- 
ciding upon the validity of each 
claim, the board shall be guided 
and governed by the principles 
and rules of decision prescribed 
by the first and fifth articles of 
the unratified convention, con- 
cluded at the city of Mexico on 
the twentieth' day of November, 
one thousand eight hundred and 
forty-three; and in no case shall 
an award be made in favor of 
any claim not embraced by these 
principles and rules. 

If, in the opinion of the said 
board of commissioners, or of 
the claimants, any boioks, re- 
cords, or documents in the pos- 
session or power of the govern- 
ment of the Mexican republic, 
shall be deemed necessary to the 
just decision of any claim, the 
commissioners or the claimants 
through them, shall, within such 
period as Congress may desig- 
nate, make an application in wri- 
ting for the same, addressed to 
the Mexican Minister for Foreign 
Affairs, to be transmitted by the 
Secretary of State of the United 
States; and the Mexican govern- 
ment engages, at the earliest pos- 



Articulo XV. 

Los Estados Unidos, exoneran- 
do a Mexico de toda responsa- 
bilidad por las reclamaciones de 
sus ciudadanos mencionadas en 
el articulo precedente, y consid- 
erandolas completamente cance- 
ladas para siernpre, sea cual fu- 
ere su monto, toman a su cargo 
satisfacerlas hasta una cantidad 
que no exceda de tres millones 
doscientos cincuenta mil pesos. 
Para fijar el monto y validez de 
estas reclamaciones, se estable- 
cera pbr el gobierno de los Es- 
tados Unidos un tribunal de co- 
misarios, cuyos fallos seran de- 
finitivos y concluyentes, con tal 
que al decidir sobre la validez 
de dichas reclamaciones, el tri- 
bunal se haya guiado y goberna- 
do por los principios y-reglas de 
decision establecidos en los arti- 
culos primero y quinto de la 
convencion, no ratificada, que 
se ajusto en la ciudad de Mexico 
el veinte de Noviembre de mil 
ochocientos cuarenta y tres: y 
en ningun caso se dara falio en 
favor de ninguna reclamacion 
que no este comprendida. en las 
reglas y principios indicados. 

Si en juicio del dicho tribunal 
de comisarios, 6 en el de los re- 
clamantes se necesitare para la 
justa decision de cualquier re- 
clamacion algunos libros, pape- 
les de archivo 6 documentos que 
posea el gobierno Mexicano, 6 
que esten en su poder; los comi- 
sarios, 6 los reclamantes por con- 
ducto de ellos, los pediran por 
escrito (dentro del plazo que de- 
signe el Congreso) dirigiendose 
al Ministro Mexicano de Rela- 
ciones Exteriores, a quien trans- 
mitira las peticiones de esta clase 
el Secretario de Estado en los 
Estados Unidos: y el gobierno 
Mexicano se compromete a en- 



[ 52 ] 56 

sible moment after the receipt of tregar 4,1a mayor brevedad posi- 

such demand, to cause any of the hie, despues de recibida cada 

books, records, or documents, so demanda, los libros, papeles de 

specified, which shall be in their archivo 6 documentos, asi espe- 

possession or power, (or authen- cificados, que posea 6 esten en 

ticated copies or extracts of the su poder, 6 copias 6 extractos 

same,) to be transmitted to the autenticos de los mismos, con el 

said Secretary of State, who shall objeto de que sean transmitidos 

immediately deliver them over al Secretario de Estado, qui en. 

to the said board of commission- los pasara inmediatamente al ex- 

ers: Provided, That no such ap- presado tribunal de comisarios. 

plication shall be made by, or at Y no se hara peticion alguna de 

the instance of, any claimant, los enunciados libros, papeles 6 

until the facts which it is «ex- documentos, por 6 a instancia de 

pected to prove by such books, ningun reclamante, sin que antes 

records, or documents, shall have se hay a aseverado bajo juramento 

been stated under oath or affirm- 6 con afirmacion solemne la ver- 

ation. dad he los hechos que con ellos 

se pretende probar. 

Article XVI. . Arttculo XVI. 

Each of the contracting parties Cada una de las dos republicas 

reserves to itself the entire right se reserva la completa facultad 

to fortify whatever point within de fortificar todos lospuntosque 

its territory it may judge proper para su seguridad estime conve- 

so to fortify, for its security. nientes.en su propio territorio. 

Article XVII. Articulo XVII. 

The treaty of amity, commerce, El tratado dc amistad, comer- 
and navigation, concluded at the cio y navegacion, concluido en 
city of Mexico on the fifth day of la ciudad de Mexico el cinco de 
April, A. D. 1831, between the Abril, del ano del Senor 1831, 
United States of America and the entre la repiiblica Mexicana y 
United Mexican States, except los Estados Unidos de America, 
the additional article, and except esceptuandose el articulo adi- 
so far as the stipulations of the cional y cuanto pueda haber en 
said treaty may be incompatible sus estipulaciones incompatible 
with any stipulation contained con alguna de las contenidas en 
in the present treaty, is hereby el presente tratado, queda res- 
revived for the period of eight tablecido por el periodo de ocho 
years from the day of the ex- aiios desde el dia del cange de 
change of ratifications of this las ratificaciones del mismo pre- 
treaty, with the same force and sente tratado, con igual fuerza y 
virtue as if incorporated therein; valor que si estuviese inserto en 
it being understood that each of el; debiendo entenderse que cada 
the contracting parties reserves una de las partes contratantes se 
to itself the right, at any time reserva el derecho de poner ter- 
after the said period of eight mino al dicho tratado de comer- 
years shall have expired, to ter- cio y navegacion en cualquier 
minate the same by giving one tiempo luego que haya expirado 



57 



[52] 



year's notice of such intentioa 
to the other party. 

Article XVIII. 

All supplies whatever for troops 
of the United States in Mexico, 
arriving at ports in the occupa- 
tion of such troops previous to 
the final evacuation thereof, al- 
though subsequently to the res- 
toration of the custom-houses at 
such ports, shall b»e entirely ex- 
empt from duties and charges 
of any kind; the government of 
the United States hereby enga- 
ging and pledging its faith to es- 
tablish, and vigilantly to enforce, 
all possible guards for securing 
the revenue of Mexico, by pre- 
venting the importation,* under 
cover of this stipulation, of any 
articles other than such, both in 
kind and in quantity, as shall re- 
ally be wanted for the use and 
consumption of the forces of the 
United States during the time 
they may remain in Mexico. To 
this end, it shall be the duty of 
all officers and agents of the Uni- 
ted States to denounce to the 
Mexican authorities at the re- 
spective ports any attempts at a 
fraudulent abuse of this stipula- 
tion which they may know of or 
may have reason to suspect, and 
to give to such authorities all 
the aid in their power with re- 
gard thereto: and every such at- 
tempt, when duly proved and es- 
tablished by sentence of a com- 
petent tribunal, shall be punished 
by the confiscation of the prop- 
erty so attempted to be fraudu- 
lently introduced. 



Article XIX. 
With respect to all merchan- 



el periodo de los ocho anos, co- 
municando su intencion a la otra 
parte con un aflo de anticipacion. 

Articulo XVIII. 

No se exigiran derechos in 
gravamen de ninguna clase a los 
articulos todos que lleguen para 
las tropas de los Estados Unidos 
a los puertos Mexicanos ocupa- 
dos por ellas, antes de la evacu- 
ation final de los mismos puertos ? 
y despues de la devolucion a 
Mexico de las aduanas situadas 
en ellos. El gobierno de los 
Estados Unidos se compromete 
a la vez, y sobre esto empena su 
fe, a establecer y mantener con 
vigilancia cuantos guardas sean 
posibles para asegurar las rentas 
de Mexico, precaviendo la im- 
portacion, & la sombra de esta 
estipulacion, de cualesquiera ar- 
ticulos que realmente no sean 
necesarios, 6 que excedan en 
cantidad en los que se necesiten 
para el uso y consumo de las fu- 
erzas de los Estados Unidos mi- 
entras ellas peimanescan en Mex- 
ico. A este efecto, todos los 
oficiales y agentes de los Estados 
Unidos tendran obligacion de 
denunciar a las autoridades Mex- 
icanas en los' mismos puertos ? 
cualquier conato de fraudulento 
abuso de esta estipulacion que 
pudieren conocer 6 tuvieren mo- 
tivo de sospecher; asi^como de 
impartir a las mismas autori- 
dades todo el auxilio que pudie- 
ren con este objeto: y cualquier 
conato de esa clase, que fuere 
legalmente probado, y declarado 
por sentencia de tribunal compe- 
tente, sera castigado con el co- 
miso de la cosa que se haya in- 
tentado introducir frauiiulenta- 
mente. 

Articulo XIX. 

Respecto de los efectos, mer- 



[52] 



58 



dise, effects, and property what- cancias y propriedades importa- 

soever, imported into ports of dos en los puertos Mexicanos 

Mexico whilst in the occupation durante el tiempo que han estado 

of the forces of the United States, ocupados por las fuerzas de los 

whether by citizens of either re- Estados Unidos, sea por ciudada- 

public, or by citizens or subjects nos de cualquiera de las dos re- 

of any neutral nation, the fol- piiblicas, sea por ciudadanos 6 

lowing rules shall be observed: subditos de aiguna nacion neu- 

1. All such merchandise, ef- tral, se observard-n las reglas si- 
fects, and property, if imported guientes: 

previously to the restoration of 1. Los dichos efectos, mercan- 
tile custom-houses to the Mexi- cias y propiedades siempre que 
can authorities, as stipulated for se hayan impo/tado antes de la 
in the third article of this treaty, devolucion de las aduanas a las 
shall be exempt from confisca- autoridades Mexicanas conforme 
tion, although the importation of a lo estipulado en el articulo ter- 
the same be prohibited by the cero de este tratado, quedanin 
Mexican tariff. libres de la pena de comiso, aun 

2. The same perfect exemption cuando sean de los prohibidos en 
shall be enjoyed by all such mer- el arancel Mexicano. 
chandise, effects, and property, 2. La misma exencion gozaran 
imported subsequently to the los efectos, mercancias y propie- 
restoration of the custom-houses, dades que lleguen a los puertos 
and previously to the sixty days Mexicanos, despues de la devo- 
fixed in the following article for lucion a Mexico de las aduanas 
the coming into force of the maritimas, y antes de que expi- 
Mexican tariff at such ports re- ren los sesenta dias que van a 
spectively; the saul merchandise, fijarse en el articulo siguiente 
effects, and property being, how- para que empieze a regir el aran- 
ever, at the time of their impor- eel Mexicano en los puertos; de- 
tation. subject to the payment of biendo al tiempo de su importa- 
duties, as provided for in the cion sujetarse los tales efectos, 
said following article. mercancias y propiedades, en 

3. All merchandise, effects,' cuanto al pago de derechos, a lo 
and property described in the que en el indicado siguiente ar- 
two rules foregoing shall, during ticulo se establece. 

their continuance at the place of 3. Los efectos, mercancias y 

importation, or upon their leaving propiedades designados en las 

such place for the interior, be dos reglas anteriores quedanin 

exempt from all duty, tax, or im- exentos de todo derecho, alcabala 

post of every kind, under what- o.impuesto, sea bajo el titulo de 

soever title or denomination, internacion, sea bajo cualquiera 

Nor shall they be there subjected otro, mientras permanescan en 

to any charge whatsoever upon los puntos donde se hayan im- 

the sale thereof. portado, y a su salida para el in- 

4. All merchandise, effects, terior; y en los mismos puntos 
and property, described in the no podra jamas exigirse impuesto 
first and second rules, which alguno sobre su venta. 

shall have been removed to any 4. Los efectos, mercancias, y 

place in the interior whilst such propiedades, designados en las 

place was in the occupation of reglas primera y segunda que 



59 



[52] 



the forces of the United States, 
shall, during their continuance 
therein, be exempt from all tax 
upon the sale 'or consumption 
thereof, and from every kind of 
impost or contribution, under 
whatsoever title or denomination. 

5. But if any merchandise, ef- 
fects, or property, described in 
the first and second rules, shall 
be removed to any place not oc- 
cupied at the time by the forces 
of the United States, they shall, 
upon their introduction into such 
place, or upon their sale or con- 
sumption there, be subject to the 
same duties which, under the 
Mexican laws, they would be re- 
quired to pay in such cases if 
they had been imported in time 
of peace, through the maritime 
custom-houses, and had there 
paid the duties conformably with 
the Mexican tariff. 

6. The owners of all merchan- 
dise, effects, or property de- 
scribed in the first and second 
rules, and existing in any port of 
Mexico, shall have the right to 
re-ship the same, exempt from 
all tax, impost, or contribution 
whatever. . 

With respect to the metals, or 
other property, exported from 
any Mexican port whilst in the 
occupation of the forces of the 
United States, and previously to 
the restoration of the custom- 
house at such port, no person 
shall be required by the Mexican 
authorities, whether general or 
State, to pay any tax, duty, or 
contribution upon any such ex- 
portation, or in any manner to 
account for the same to the said 
authorities. 

Article XX. 

Through consideration for the 
interests of commerce generally, 



hayan sido internados a cualquier 
lugar ocupado por fuerzas de los 
Estados Unidos, quedardn exen- 
tos de todo derecho sobre su ven- 
ta 6 consumo, y de todo impues- 
to 6 contribucion bajo cualquier 
iitulo 6 denomination, mientras 
permanescan en el mismo lugar. 

5. Mas si algunos efectos, mer- 
cancias, 6 propiedades de los de- 
signados en las reglas primera y 
segunda'se trasladaren a algun 
lugar no ocupado a la savon por 
las fuerzas de los Estados Uni- 
dos; al introducirse a" tal luo-ar, 
o al venderse o consumirse en el, 
quedardn sujetos d los mismos 
derechos que bajo las leyesMex- 
icanas deberian pagar en tales 
cosos si se hubieran importado 
en tiempo de paz por las aduanas 
maritimas, y hubiesen pagado en 
ellas los derechos que establece 
el arancel Mexicano. 

6. Los duenos de efectos, mer- 
cancias, y propiedades designa- 
dos en las reglas primera y se- 
gunda, y existentes en algun 
puerto de Mexico, tienen derecho 
de reembarcarlosj sin que pueda 
exigirstles ninguna clase de im- 
puesto, alcabala 6 contribucion. 

Respecto de los metales y de 
toda otra propiedad exportados 
por cualquier puerto Mexicano 
durante su ocupacion por las fu- 
erzas Americanas, y antes de la 
devolucion de su aduana al go- 
bierno. Mexicano, no se exigira 
a ninguna persona por las auto- 
ridades de Mexico, ya dependan 
del gobierno general, ya de al- 
gun estado que pague ningun im- 
puesto, alcabala 6 derecho por la 
indicada exportacion, ni sobre 
ella podra exigirsele por las di- 
chas autoridades cuenta alguna. 

Articulo XX. 

Por consideracion 6. los inte- 
reses del comercio detoda s las 



[52] 



60 



it is agreed, that if less than sixty naciones, queda convenido que 
days should elapse between the si pasaren menos de sesentadias 
date of the signature of this desde la fecha de la firraa de este 
treaty and the restoration of the tratado hasta que se haga la de- 
custom-houses, conformably with volucion de las aduanas mariti- 
the stipulation in the third arti- mas; segun lo estipulado en el 
cle,in such case all merchandise, articulo tercero; todos los efec- 
effects, and property whatsoever, tos, mercancias, y propiedades 
arriving at the Mexican ports que lleguen & los paertos Mexi- 
after the restoration of the said canos desde el dia en que se ver- 
custom-houses, and previously to ifique la devolucion de las dichas 
the expiration of sixty days after aduanas hasta que se completen 
the day of the t signature of this sesenta dias contados desde la 
treaty, shall be admitted to entry, fecha de la firma del presente 
and no other duties shall be le- tratado, se admitiian no pagando 
vied thereon than the duties es- otros derechos que los estableci- 
tablished by the tariff found in dos en la tarifa que este vigente 
force at such custom-houses at en las expresadas aduanas al 
the time of the restoration of the tiempo de su devolucion, y se ex- 
same. i And to all such merchan tender&n & dichos efectos, mer- 
dise, effects, and property, the cancias, y propiedades las mis- 
rules established by the prece- mas reglas establecidas en el 
ding article shall apply. articulo anterior. 

Article XXI. Articulo XXI. 

If unhappily any disagreement Si desgraciadamente en el tiem- 
should hereafter arise between po futuro se suscitare algun pun- 
the governments of the two re- to de desacuerdo entre los go- 
publics, whether with respect to biernos de las dos republicasj 
the interpretation of any stipula- bien sea sobre la inteligencia de 
tion in this treaty, or with re- alguna estipulacion de este trata- 
spect to any other particular do, bien sobre cualquiera otra 
concerning the political or com- materia de las relaciones pcliti- 
mercial relations of the two na- cas 6 comerciales de las dos na- 
tions, the said governments, in ciones, los mismos gobiernos, a 
the name of those nations, do nombre de ellas, se comprometen 
promise to each other that they a procurar de la manera mas sin- 
w T ill endeavor, in the most sin- cera y empefiosa a llanar las di- 
cere and earnest manner, to set- ferenciasque se presenten y con- 
tie the differences so arising, and servar el estado de paz y amistad 
to preserve the state of peace en que ahora se pcnen los dos 
and friendship in which the two paises,usando al efecto de repre-* 
countries are now placing them- sentaciones rvutuas y de negocia- 
selves; using, for this end, mu- ciones pacificas. Y si por estos 
tual representations and pacific medios no se lograre iodavia po- 
negotiations. And if, by these nerse de acuerdo, no por eso se 
means, they should not be ena- apelara a represalia, agresion ni 
bled to come to an agreement, a hostilidad de ningun genero de 
resort shall not, on this account, una republica contra otra, hasta 
be had to reprisals, aggression, que el gobierno de la que se crea 
or hostility of any kind, by the agraviada haya considerado ma- 



61 [ 52 ] 

one republic against the other, duramente y en espiritu de paz 
until the government of that y buena vecindad, si no seria 
which deems itself aggrieved shall mejor que la diferencia se termi- 
liave maturely considered, in the na'ra por un arbitramento de co- 
spirit of peace and good neigh- misarios nombrados por ambas 
borship, whether it would not be partes, 6 de una nacion amiga. 
better that such difference should Y si tal medio fuere propuesto 
be settled by the arbitration of por cualquiera de las dos partes, 
commissioners appointed on each la otfa acce'dera a el, a no ser 
side, or by that of a friendly que lo juzgue absolutamente in- 
nation. And should such course compatible con la naturaleza y 
be proposed by either party, it circunstancias del caso. 
shall be acceded to by the other, 
unless deemed by it altogether 
incompatible with the nature of 
the difference, or the circum- 
stances of the case. 

Article XXII. Articulo XXII. 

If (which is not to be expect- Si (lo que no es de esperarse, 
ed, and which God forbid!) war y Dios no permita) desgraciada- 
shall unhappily break out be- mente se suscitare guerra entre 
tween the two republics, they do las dos republicas, estas$ para el 
now, with a view to such calam- caso de tal calamidad se compro- 
ity, solemnly pledge themselves meten ahora solemnemente, ante 
to each other and to the world, to si mismas y ante el mundo, a ob- 
observe the following rules: ab- servar las reglas siguientes de 
solutely, where the nature of the ana manera absoluta si la natu- 
subject permits, and as closely raleza del objeto a que se con- 
as possible in all cases where traen lo permite; y tan extricta- 
such absolute observance shall mente como sea dable en todos 
be impossible. los casos en que la absoluta ob- 

jervancia de ellas fuere impossi- 
ble: 
1. The merchants of either 1. Los comerciantes de cada 
republic then residing in the una de las dos republicas que a 
other shall be allowed to remain la sazon residan en territorio de 
twelve months for those dwell- la otra, podran permanecer doce 
ing in the interior, and six months meses los que residan en el inte- 
for those dwelling at the sea- rior,y seis meses los que residan 
ports, to collect their debts and en los puertos, para recover sus 
settle their affairs; during which deudas y arreglar sus negocios; 
periods, they shall enjoy the durante estos plazos disputaran 
same protection, and be on the la misma proteccion y estaran 
same protection, in all respects, sobre el mismo pie en todos re- 
as the citizens or subjects of the spectos que los ciudadanos 6 sub- 
most friendly nations; and, at ditos de las naciones mas amigas; 
the expiration thereof, or at any y al expirar el termino, 6 antes 
time before, they shall hare full de el, tendran completa libertad 
liberty to depart, carrying off para salir y llevar todos sus efec- 
all their effects without molesta- tos sin molestia 6 embarazo, su- 



[52] 



62 



tion or hindrance: conforming jetand^se en ests particular a las 
therein to the same laws which mi smas icyes a que esten sujetos y 
the citizens or subjects of the y deban arreglarse los ciudada- 
most friendly nations are re- nos 6 subditos de las naciones 
quired to conform to. Upon mas amigas. Cuando los ejerci- 
the entrance of the armies of tos de una de las dos naciones 
either nation into the territories entren en territorios de la otra, 
of the other, women and chil- las mujeres y ninos, los eclesias- 
dren, ecclesiastics* scholars of ticos, los estudiantes de cualquier 
every faculty, cultivators of the facultad, los labradores, comer-' 
earth, merchants, artisans, manu- ciantes, artesanos, manufacture- 
facturers, and fishermen, un- res, y pescadores que esten de- 
armed and' inhabiting unfortified si dos y residan en ciudades r 
towns, villages, or places, and pueblos 6 lugares no fortificados, 
in general all persons whose oc- y en general todas las personas 
cupations are for the common cuya ocupacion sirva para la co- 
subsist-ence and benefit of man- mun subsistencia y beneficio de! 
kind, shall be allowed to con- genero humano, podran contin- 
tinue their respective employ- uar en sus ejercicios, sin que sus 
ments unmolested in their per- personas sean molestadas. No 
sons. Nor shall their houses or seran incendiadas sus casas 6 
goods be burnt or otherwise de- bienes, 6 destruidos de otra ma- 
stroyed^nor their cattle taken, nera; ni seran tornados susgana- 
nor their fields wasted, by the dos, ni devastados sus campos 
armed force into whose power, por la fuerza armada en cuyo 
by the events of war, they may pode.r puedan venir a caer por 
happen to fall; but if the neces- los acontecimientos de laguerra; 
sity arise to take anything from pero si hubiere i.ecesidad de to- 
them for the use of such armed marlos alguna cosa para el uso 
fprce, the same shall be paid for at de la misma fuerza armada, se 
an equitable price. All churches, les pagara lo tornado a un pre- 
hospital, schools, colleges, li- cio justo. Todas las iglesias ; 
braries,and other establishments, hospitales, escuelas, colegios, li- 
for charitable and beneficent brerias, y demas establecimien- 
purposes, shall be respected, and tos de caridad y beneficencia se- 
all persons connected with the ran respetados; y todas las per- 
same protected in the discharge sonas quedependan de losmismos 
of their duties, and the pursuit seran protegidas en el de sempe- 
of their vocations. no de sus deberes y en la con- 

tinuacion de sus profesiones. 
2. In order that the fate of pris- 2. Para aliviar la suerte de los 

oners of war may be alleviated, prisioneros de guerra se. evitaran 

all such practices as those of cuidadosamente, las practicas de 

sending them into distant, in- enviarlos a distritos distantes, 

clement, or unwholesome dis- inclementes 6 malsanos, 6 de ag- 

tricts, or crowding them into lomerarlos en lugares estrechos 

close and noxious places, shall y enfirmizos. No se confinanui 

be studiously avoided. They en calabosos, prisones, ni pon- 

shall not be confined in dun- tones; no se les aherrojani, ni se 

geons, prison-ships, or prisons; les atarii, ni se les imped ir;i de 

nor be put in irons, or bound, or ningun otro modo el uso de sus 



63 



[52] 



otherwise restrained in the use 
of their limbs. The officers shall 
enjoy liberty on their paroles, 
within convenient districts, and 
have comfortable quarters; and 
the common soldier shall be dis- 
posed in cantonments, open and 
extensive enough for air and ex- 
ercise, and lodged in barracks as 
roomy and good as are provided, 
by the party in whose power 
they are for its own troops. But 
if any officer shall break his pa- 
role by leaving the district so 
assigned him, or any other pris- 
oner shall escape from the limits 
of his cantonment, after they 
shall have been designated to 
him, such individual, officer, or 
other prisoner, shall forfeit so 
much of the benefit of this arti- 
cle as provides for his liberty on 
parole or in cantonment. And if 
an officer so breaking his parole, 
or any common soldier so esca-* 
ping from the limits assigned 
him, shall afterwards be found in 
arms, previously to his being reg- 
ularly exchanged, the person so 
offending shall be dealt with ac- 
cording to the established laws 
of war. The officers shall be dai- 
ly furnished by the party in 
whose power they are, with as 
many rations, and of the same 
articles, as are allowed, either in 
kind or by commutation, to of- 
ficers of equal rank in its own 
army; and all others shall be 
daily furnished with such ration 
as is allowed to a common sol- 
dier in its own service : the value 
of all which supplies shall, at 
the close of the war, or at peri- 
ods to be agreed upon between 
the respective commanders, be 
paid by the other party, on a 
mutual adjustment of accounts 
for the subsistence of prisoners; 
and such accounts shall not be 
mingled with or set- off against 



miembros. Los oficiales que da- 
rdn en libertad bajo su palabra 
de honor, dentro de distritos con- 
venientes y tendran alojamientos 
comodos; y los soldados rasos se 
colocaran en acan^onamientos 
bastante despejados y extensos 
para Ha ventilacion y el ejerci- 
cio, y se alojardn en cuarteles 
tan amplios y comodos como los 
que use para sus propias tropas 
la parte que los tenga en su po- 
der. Pero si algun oficial falta- 
rea su palabra, saliendo del distri- 
to que se le ha senaiado; 6 algun 
otro prisonero se fugdre de los 
limites de su acantonamiento 
despues que estos se les hayan 
fijado, tal oficial 6 prisionero per- 
dera el beneficio del presente ar- 
ticulo por lo que niera d su lib- 
ertad bajo su palabra 6 en acan- 
tonamiento; y si algun oficial 
faltando asi d su palabra, 6 algun 
soldado raso saliendo de los lim- 
ites que se le han asignado, fuera 
encontrado despues con las ar- 
mas en la mano antes de ser de- 
bidamente cangeado, tal persona 
en esta actitud ofensiva sera tra- 
tada conforme a las leyes com- 
unes de la guerra. A los oficiales 
se proveera diariamente por la 
parte en cuyo poder esten, de 
tantas raciones compuestas de 
los mismos articulos como las 
que gozan en especie 6 en equi- 
valente los oficiales de la misma 
graduacion en su propio ejercito: 
d todos los demas prisioneros se 
proveerd diariamente de una ra- 
cion semejante d la que se min-« 
istra al soldado raso en su propio 
servicio: el valor de todas estas 
suministraciones se pegara por 
la otra parte el concluirse la gu- 
erra, 6 en los periodos que se 
convengaa entre sus respectivos 
comandantes, precediendo una 
mutua liquidacion de las cuentas 
que se lljsven del mantenimiento 



[52] 



64 



any others, nor the balance due 
on them be withheld, as a com- 
pensation or reprisal for any 
cause whatever, real or pretend- 
ed. Each party shall be allow- 
ed to keep ,& commissary of pris- 
oners, appointed by itself, with 
every cantonment of prisoners, 
in possession of the others; 
which commissary shall see the 
prisoners as often as he pleases; 
shall be allowed to receive, ex- 
empt from all duties or taxes, 
and to distribute whatever com- 
forts may be sent to them by 
their friends; and shall be free 
to transmit his reports in open 
letters to the party by whom he 
is employed. 

And it is declared that neither 
the pretence that war dissolves 
all treaties, nor any other what- 
ever, shall be considered as an- 
nulling* or suspending the sol-: 
emn covenant contained in this 
article. On the contrary, the 
state of war is precisely that for 
which it is provided; and during 
•which, its stipulations are to be 
as sacredly observed as the most 
acknowledged obligations under 
the law of nature or nations. 



Article XXIII. 

This treaty shall be ratified by 
the President of theUnited States 
of America, by and with the ad- 
vice and consent of the Senate 
thereof; and by the President of 
the Mexican republic, with the 
previous approbation of its 
general Congress: and the rati- 
fications shall be exchanged in 
the city of Washington, in four 
months from the date of the sig- 
nature hereof, or sooner if prac- 
ticable. 

In faith whereof, we, the re- 



de prisioneros: tales cuentas no 
se mezclaran ni compensaran con 
otras; ni el saldo que resulte de 
ellas, se reusara bajo pretesto de 
compensacion 6 represalia por 
cualquiera causa, real 6 figurado. 
Cada una de las partes podra 
mar.tener un comisario de prisio- 
neros nombrado por ella misma 
en qada acantonamiento de los 
prisioneros que esten en poder 
de la otra parte: este comisario 
visitara a los prisioneros siempre 
que quiera; tendrafacultad de re- 
cibir, libres de todo derecho 6 im- 
puesto, y de distribuir todos los 
auxilios que puedan enviarles sus 
amigos, y libremente transmitir 
sus partes en cartas abiertas a la 
autoridad por la cual esta em- 
pleado. 

Y se declara que ni el pretesto 
de que la guerra destruye los 
tratados, ni otro alguna, sea el 
que fuere, se considerara que 
anula 6 suspende el pacto sol- 
emne contenido en este articulo. 
Por el contrario, el estado de 
guerra es cabalmente el que se 
ha tenido presente al ajustarlo, 
y durante el cual sus estipula- 
ciones se han de observar tan 
santamente corao las cbligaciones 
mas reconocidas de la ley natu- 
ral 6 de gentes. 

Articulo XXIII. 

Este tratado sera ratificado por 
el Presidente de la republica 
Mexicana, previa la aprobacion 
de su Congreso General; y por 
el Presidente de los Estados TJni- 
dos de America con el consejo y 
consentimiento del Senado; y las 
ratificaciones se cangearan en la 
ciudtd de Washington a los cua- 
tro meses de la fecha de la firma 
del mismo tratado, 6 antes si 
fuere posible. 

En fe de lo cual, nosotros los 



65 



[52] 



spective plenipotentiaries, have 
signed this treaty of peace, 
friendship, limits, and settle- 
ment; and have hereunto* affixed 
our seals respectively.. Done in 
quintuplicate, at the city of Gua- 
dalupe Hidalgo, on the second 
day of February, in the year of 
our Lord one thousand eight 
hundred and forty-eight. 



respectivos plenipotenciarios ne- 
mos firmado y sellado por quin- 
tuplicado este tratado de paz, 
amistad, limites, y arreglo defin- 
itive, en la ciudad de Guadalupe 
Hidalgo, el dia dos de Febrero 
del ano de nuestro Sefior mil 
ochocientos cuarentq y ocho. 



N. P. TRIST, 
LUIS G. CUEVAS, . 
BERNARDO CONTO, 
MIG. ATRISTAIN, 



L. S 
L. S, 
L. S. 
L. S. 



BERNARDO CONTO, [l. s. 
MIG. ATRISTAIN, [l.s. 
LUIS G. CUEVAS, [l.s. 
N. P. TRIST, "l.s. 



Additional and secret article of 
the treaty of peace, friendship , 
limits, and settlement between 
the United States of America 
and the Mexican republic, sign- 
ed this day by their respective 
'plenipotentiaries. 



Articulo cdicional y sccreto del 
tratado de paz, amistad, lim- 
ites y arreglo definitivo entre 
la republica Mexicana y los 
Estados Unidos de America^ 
firmado hoy por sus respectivos 
■plenipotenciarios . 



In view of the possibility that 
the exchange of the ratifications 
of this treaty may, by the cir- 
cumstances in which the Mexi- 
can republic is placed, be delay- 
ed longer than the term of fou" 
months fixed by its twenty-third 
article for the exchange of rati- 
fications of the same, it is here- 
by agreed that such delay shall 
not, in any manner, affect the 
force and validity of this treaty, 
unless it should exceed the term 
of eight months, counted from 
the date of the signature thereof. 

This article is to have the 
same force and virtue as if insert- 
ed in the treaty to which this is 
an addition. 

In faith whereof,- we, the re- 
spective plenipotentiaries, have 
signed this additional and secret 
article, and have hereunto affixed 
our seals, respectively. Done in 
quintuplicate at the city of Gua- 

5 



En atencion a la posibilidad 
de que el cange de las ratifica- 
ciones de este tratado se demore 
mas del termino de cuatro meses 
fijados en su articulo veinte y 
tres; por las circunstancias en 
que se encuentra la republica 
Mexicana, queda convenido que 
tal demora no afectara de ningun 
modo la fuerza y validez del 
mismo tratado, si no excediere 
de ocho meses contados desde la 
fecha de su firraa. 

Este articulo tendra la misrn:i 
fuerza y valor que si estuviese 
inserto en el tratado de que es 
parte adicional. 

En fe de lo cual, nosotros los 
respectivos plenipotenciarios he- 
mos firmado y sellado este arti- 
culo adicional y seereto. Hecho 
por quintuplicado en la ciudad 
de Guadalupe Hidalgo, el dia.< 
dos Febrero del afio de nuestro 



[53] 



66 



Igo, on the second Sefior rail ochocieotos cuarenta 

day oi February, in the year of y ocho. 
our Lord one thousand eight 
hunurtd and forty-eight. 
N. P.TRIST, " " [l.s. 
■ CUEVAS, f L . s 
tNARDO CONTO. |l. s 
MIG. ATRISTAIN, [ L . s 



BERNARDO CONTO. 
MIG. ATRISTAIN. 
LUIS G. OUEVAS. 
N. P. TRIST, 



I L. S. 

■I. s. 



6? 



[32] 



In Executive session. Senate oi the United States, 

June 21, 1848. 
Resolved, That the injunction of secrecy be removed from the 
first and fifth articles of the unratified convention for the settle- 
ment of claims of the cil nmeirt of 1" cart 
republic against the governmer States, and of the 
citizens and government of the United States against the govern- 
ment of the Mexican republic, concluded at the city of Mexico the 
20th of November, to be ratified by the Senate 
of the United States, which unratified convention is referred to, and 
the first and fifth articles thereof made a part of the fifteenth article 
of the treaty of peace, friendship, limits, and settlement between 
the United States of America and the Mexican republic, concluded 
at Guadalupe Hidalgo, on the 2d day of Febr-uary, 1843. 



11 Auticli: I. 

"All claims of citizens of the Mexican republic against the srov- 
ernment of the United States, which shall be presented in the man- 
ner and time hereinafter expressed, and all claims of citizens of 
the United States against the government of the Mexican republic, 
which, for whatever cause, were not submitted to, nor considered, 
nor finally decided by the commission, nor by the arbiter appointed 
by the convention of 1839, and which shall be presented in the 
manner and time hereinafter specified, shall be referred to four 
commissioners, who shall form a board, and shall be appointed in 
the following manner; that is to say: Two commissioners shall be 
appointed by the President of the .Mexican republic, and the other 
two by the President of the United States, with the approbation 
and consent of the Senate. The said commissioners, thus appoint- 
ed, shall, in presence of each other, take an oath to examine and 
decide impartially the claims submitted to them, and which may 
lawfully be considered, according to the proofs which shall be pre- 
sented, the principles of right and justice, the law of nations', and 
trfe treaties between the two republics." 

" Article V. 

"All claims of citizens of the United States against the govern- 
ment of the Mexican republic which were considered by the com- 
missioners and referred to the umpire appointed under the conven- 
tion of the 11th April, 1839, and which were not' decided by him > 
shall be referred to and decided by the umpire to be appointed, as 
provided by this convention, on the points submitted to the umpire 
under the late convention, and his decision shall be final and con- 
clusive. It is also agreed, that if the respective commissioners 
shall deem it expedient, they may submit to the said arbiter new 
arguments upon the said claims." 



30th Congress, ? f CONFIDENTIAL. ] 



>th UONGRESS, 1 

1st Session. £ Ex. 



MESSAGE 



FROM THE 



PRESIDENT OF THE UNITED STATES, 



COMMUNICATING 



JL treaty of peace, friendship, limits, and settlement, between the 
United States of Jim eric a and the Mexican republic, concluded at 
Guadalupe Hidalgo, on the 2d day of February, in the year 1S48. 



February 23, 1848. 

Head, and, with the treaty and documents, referred to the Committee on Foreign Relations,, 
and ordered to bo printed in conlidenee for the use of the Senate. 



To the Senate of the United States: 

I lay before the Senate, for their consideration and advice as to 
its ratification, a treaty of peace, friendship, limits, and settlement, 
signed at the city of Guadalupe Hidalgo, on the 2d day of Feb- 
ruary, 1848, by N. P. Trist on the part of the United States, and 
by plenipotentiaries appointed for that purpose on the part of the 
Mexican government. 

I deem it to be my duty to state, that the recall of Mr. Trist as 
commissioner of the United States, of which Congress was informed 
in my annual message, was dictated by a belief that his continued 
presence w T ith the army could be productive of no good, but might 
do much harm, by encouraging the delusive hopes and false im- 
pressions of the Mexicans, and that his recall would satisfy Mexico 
that the United States had no terms of peace more favorable to offer. 
Directions were given that any propositions for peace which Mexi- 
co might make should be received and transmitted by the command- 
ing general of our forces to the United States. 

It was not expected that Mr. Trist would remain in Mexico, or 
continue in the exercise of the functions of the office of commis- 
sioner after he received his letter of recall. He has, however, done 
so, and the plenipotentiaries of the government of Mexico, with a 
knowledge of the fact, have concluded with him this treaty. I 
have examined it with a full sense of the extraneous circumstances 
attending its conclusion and signature, which might be objected to; 
"but, conforming, as it does substantially on the main questions of 
boundary and indemnity, to the terms which our commissioner, 
when he left the United States in April last, was authorized to offer, 
and animated, as I am, by the spirit which has governed all my; 



[52] 



70 



official conduct towards Mexico, I have felt it to be my duty to sub- 
mit it to the Senate for their consideration, with a view to its rati- 
fication. 

To the tenth article of the treaty there are serious objections, and 
no instructions given to Mr. Trist contemplated or authorized its 
insertion. The public lands within the limits of Texas belong to 
that State, and this government has no power to dispose of them, 
or to change the conditions of grants already made. All valid titles 
to land within the other territories ceded to the United States will 
remain unaffected by the change of sovereignty; and I therefore sub- 
mit that this article should not be ratified as a part of the treaty. 

There may be reason to apprehend that the ratification of the 
i( additional and secret article 5 ' might unreasonably delay and em- 
barrass the final action on the treaty by Mexico. I therefore sub- 
mit whether that article should not be rejected by the Senate. 

If the treaty shall be ratified as proposed to be amended, the 
cessions of territory made by it to the United States as indemnity, 
the provision for the satisfaction of the claims of our injured citi- 
zens, and the permanent establishment of the boundary of one of 
the States of the Union, are objects gained of great national im- 
portance; while the magnanimous forbearance exhibited towards 
Mexico, it is hoped, may insure a lasting peace and good neighbor- 
hood between the two countries. 

I communicate herewith a copy of the instructions given to Mr. 
Slid ell in November, !Si5, as envoy extraordinary and minister 
plenipotentiary to Mexico; a copy of the instructions given to Mr. 
Trist in April last; and such of the correspondence of the latter 
with the Department of State, not heretofore communicated to 
Congress, as will enable the Senate to understand the action which 
has been had with a view to the adjustment of our difficulties with 
Mexico. 

JAMES K. POLK. 

Washington, February 22, 184S. 



LIST. 

Mr. Buchanan to Mr. Slidell, November 10, 1845. 
Mr. Buchanan to Mr. Trist, April 15, 1847. 
Mr. Trist to Mr. Buchanan, (extract,) June 3, 1847. 
Mr. Buchanan to Mr. Trist, (extract,) June 14, 1847. 
The same to the same, (extract,) July 13, 1847. 
The same to the same, (extract,) July 19, 1847. 
The same to the same, October 6, 1847. 
The same to the same, October 25, 1847. 

Mr. de la Rosa to Mr. Trist, (translation,) October 31, 1847. 
Mr. Trist to Mr. Buchanan, November 27, 1847. 
Mr. Trist to a confidential friend at Queretaro, December 4, 
1847. 



71 . [52] 

Mr. Buchanan to Mr. Slidell. 

[No. 1.] Department of State, 

Washington, November 10, 1845. 

Sir: I transmit herewith copies of a despatch addressed by me, 
under date the 17th September, 1845, to John Black, esq., consul 
of the United States at the cjty of Mexico; of a note written by 
the consul to the Mexican minister for foreign affairs, dated Octo- 
ber 13, 1845; and of the answer of that minister, under date Octo- 
ber 15, 1845. 

From these papers, you will perceive that the Mexican govern- 
ment have accepted the overture of the President for settling all 
the questions in dispute between the two republics by negotiation; 
and that, consequently, the contingency has occurred in which your 
acceptance of the trust tendered to you by the President is to take 
effect. You will therefore repair without delay to your post, and 
present yourself to the Mexican government as the envoy extraor- 
dinary and minister plenipotentiary of the United States. 

In the present crisis of the relations between the two countries, 
the office for which you have been selected is one of vast impor- 
tance. To counteract the influence of foreign powers exerted 
against the United States in Mexico, and to restore those ancient 
relations of peace and good will which formerly existed between 
the governments and the citizens of the sister republics, will be 
principal objects of your mission. The wretched condition of the 
internal affairs of Mexico, and the misunderstanding which exists 
between her government and the ministers of France and England, 
seem to render the present a propitious moment for the accomplish- 
ment of these objects. From your perfect knowledge of the lan- 
guage of- the country, your well-known firmness and ability, and 
your taste and talent for society, the President hopes that you will 
accomplish much in your intercourse with the Mexican authorities 
and people. The early and decided stand which the people of the 
United States and their government took and maintaiaed in favor 
of the independence of the Spanish American republics on this 
continent, secured their gratitude and good will. Unfortunate 
events have since estranged from us the sympathies of the Mexican 
people. They ought to feel assured that their prosperity is our 
prosperity; and that we cannot but have the strongest desire to see 
them elevated, under a free, stable, and republican government, to 
a high rank among the nations of the earth. 

The nations on the continent of America have interests peculiar 
to themselves. Their free forms of government are altogther dif- 
ferent from the monarchical institutions of Europe. The interests 
and the independence of these sister nations require that they 
should establish and maintain an American system of policy for 
their own protection and security, entirely distinct from that which 
has so long prevailed in Europe. To tolerate any interference on 
the part of European sovereigns with controversies in America — '~o 
permit them to apply the worn-out dogma of the balance of power 



[52] 



72 



to the uec States on this continent — and, above all, to suffer them 
to establish new colonies of their own, intermingled with our free 
republics, would be to make to the same extent a voluntary sacri- 
fice of our independence. These truths ought everywhere through- 
out the continent of America to be impressed on the public mind. 
If, therefore, in .the course of your negotiations with Mexico, that 
government should propose the mediation or guarantee of any Eu- 
ropean power, you are to reject the proposition without hesitation. 
The United States will never* afford, by their conduct, the slightest 
pretext for any interference from that quarter in American con- 
cerns. Separated as we are from the Old world by a vast ocean, 
-and still further removed from it by the nature of our political in- 
stitutions, the march of free government on this continent must not 
be trammelled by the intrigues and selfish interests of European 
powers.. Liberty here must be allowed to work out its natural re- 
sults; and these will ere long astonish the world. 

Neither is it for the interest of those powers to plant colonies on 
this continent. No settlements of the kind can exist long. The 
expansive energy of free institutions must soon spread over them. 
The colonists themselves will break from the mother country, to 
become free and independent States. Any European nation which 
should plant a new colony on this -continent would thereby sow 
the seeds of troubles and of wars, the injury from which, even to 
her own interests, would far outweigh all the advantages which 
she could possibly promise herself from any such establishment. 

The first subject which will demand your attention is the claims 
of our citizens on Mexico. It would be useless here to tiace the 
history of these claims, and the outrages from which they spring. 
The archives of your legation will furnish all the necessary infor- 
mation on this subject. The history of no civilized nation presents, 
in so short a period of time, so many wanton attacks upon the 
rights of persons and property as have been endured by citizens of 
the United States from the Mexican authorities. These never would 
have been tolerate- J by the United States from any nation on the 
face of the earth, except a neighboring and sister republic. 

President Jackson, in his message to the Senate of the 7th Feb- 
ruary, 1S37, uses the following language, with great justice and 
truth: " The length of time since some of the injuries have been 
committed; the repeated and unavailing applications for redress; the 
wanton character of some of the outrages upon the property and 
persons of our citizens, upon the officers and flag of the Lnited 
States, independent of recent insults to this government and people 
by the late extraordinary Mexican minister, would justify, in the 
eyes of all nations, immediate war." 

Still, he was unwilling to resort to this last extremity, without 
"giving to Mexico one more opportunity to atone for the past be- 
fore we take redress into our own hands." Accordingly, he re- 
commended "that an act be passed authorizing reprisals, and the 
use of the naval force of the United States by the Executive against 
Mexico, to enforce them, in the event of a refusal by the Mexican 
government to come to an amicable adjustment of the mattery in 



73 [ 52 ] 

controversy between us, upon another demand thereof made from 
•on board one of our vessels of war on the coast of Mexico." 

This message was referred to the Committee on Foreign Rela- 
tions, which, on the 19th February, 1837, made a report to the Sen- 
ate entirely in accordance with the message of the President in 
regard to the outrages and wrongs committed by Mexico on citizens 
of the United States. They recommended, however, that another 
demand should be made for redress upon the Mexican government, 
in pursuance of the form required by the 34th article of our treaty 
with Mexico, and the result submitted to Congress for their de- 
cision before actual hostilities should be authorized. The commit- 
tee say: "After such a demand, should prompt justice be refused 
by the Mexican government, we may appeal to all nations not only 
for the equity and moderation with which we have acted towards a 
sister republic, but for the necessity which will then compel us to 
vSeek redress for our wrongs, by actual war or by reprisals. The 
subject will then be presented before Congress at the commence- 
ment of the next session, in a clear and distinct form, and the com- 
mittee cannot doubt but that such measures will be immediately 
adopted as may be necessary to vindicate the honor of the country, 
and insure ample reparation to our injured fellow-citizens." 

The resolution with which this report concludes, was, on the 27th 
February, adopted by the unanimous vote of the Senate. The re- 
port of the Committee on Foreign Affairs made to the House of 
Representatives on the 24th February, 1837, breathes the same spirit 
with that of the Senate. 

In pursuance of the suggestion of the Committee on Foreign Re- 
lations of the Senate, a special messenger was sent to Mexico to 
make a final demand for redress, with the documents required by 
the 34th article of the treaty. This demand was made on the20rh 
July, 1837. The answer to it contained fair promises. How these 
were evaded from time to t>'me, you will learn by an examination 
of the archives of your legation. 

Finally, on the 11th April, 1S39, a convention was concluded 
" for the adjustment of claims of citizens of the United States of 
America upon the government of the Mexican republic.'"' 

The board of commissioners was not organized under this conven- 
tion until the 25th August, 1840; and, under its terms, they were 
obliged to terminate their duties within eighteen months from that 
date. Four of these eighteen months were spent in preliminary 
discussions, which had arisen on objections raised .by the Mexican 
commissioners; and, at one time, there was great danger that the 
board would separate without hearing or deciding a single case. It 
was nbt until the 24ih December, 1S40, that they commenced the 
examination of the claims of our citizens. Fourteen months only 
were left to examine and decide upon these numerous and compli- 
cated cases. 
The claims allowed by the commissioners, without 

reference to the umpire, amounted, principal and 

interest, to xl39,393 82 



[52] 



74 



The amount, principal and interest, subsequently 

awarded by the umpire, was 1,586,745 86 



2,026,139 68 



The Mexican government finding it inconvenient to pay the 
amount awarded, either in money or in an issue of treasury notes, 
according to the terms of the convention, a new convention was 
concluded between the two governments on the 30th January, 1S43, 
to relieve that of Mexico from this embarrassment. Under its terms, 
the interest due on the whole amount awarded was to be paid on 
the 30th April, 1813; and the principal, with the accruing interest, 
was made payable in five years, in equal instalments every three 
months. 

Under this new agreement, made to favor Mexico, the claimants- 
have yet received only the interest up to the 30th April, 1843, and 
three of the twenty instalments. 

But this is not all. There were pending before the umpire, when 
the commission expired, claims which had been examined and 
awarded by the American commissioners, amounting to $928,627 88. 
Upon these he refused to decide, alleging that his authority had 
expired. 

This was a strange, construction of the treaty. Had he decided 
that his duties did not commence until those of the commissioners 
had ended, this would have been a more natural interpretation. 

To obviate this injustice, and to provide for the decision of other 
claims of American citizens, amounting to $3,336,837 05, which 
had been submitted too late to be considered by the board, a third 
convention Was signed at Mexico on the 20th November, 1843, by- 
Mr. Waddy Thompson on the part of the United States, and Messrs. 
Eocanegra and Trigueras on the part of Mexico. On the 30th Jan- 
uary, 1844, this convention was ratified by the Senate of the United 
States, with two amendments. The one changed the place of meet- 
ing of the commissioners from Mexico to Washington; and the other 
struck out the 16th article, which referred the claims of a pecuni- 
ary'nature, that the two governments might have against each other, 
to the commissioners, with an appeal to the umpire in case a ma- 
jority of them could not agree. 

These amendments were manifestly reasonable and necessary. 
To have compelled the claimants, all of whom arc citizens of the 
United Slates, to go to Mexico with their documents and testimony, 
would, in a great degree, have frustrated the object of the commis- 
sion. Besides, the new commission was, in fact, but a continuance 
of the old one; and its duties simply were, to complete the business 
which had been left unfinished in the city of Washington. 

It was something new in the history of sovereign nations to refer 
their mutual claims to the arbitrament of a board composed of their 
own citizen?, with an appeal to a subject appointed by a foreign 
sovereign. The dignity of sovereign States forbade such a proceed- 
ing. Eesides, it never had been suggested that either of the two 



75 [ 52 ] 

governments had claims upon the other, or that there were any 
claims in existence except those of American citizens on Mexico. 

It is difficult to conceive why this convention, departing from 
that of the 11th April, 1839, should have embraced any such pro- 
vision; or why it should have stipulated for claims of citizens of 
Mexico against the United States, when no such claims had ever 
been alleged to exist. 

Upon a reference of these amendments to the government of Mex- 
ico, it interposed the same evasions, difficulties, and delays, which 
have always characterized its policy towards the United States. It 
has never yet decided whether it would or would not accede to 
them, although the subject has repeatedly been pressed upon its 
consideration by our ministers. 

The result of the whole is, that the injuries and outrages com- 
mitted by the authorities of Mexico on American citizens, which, 
in the opinion of President Jackson, would, so long ago as Febru- 
ary, 1837, have justified a resort to war or reprisals for redress, yet 
remain wholly unredressed, excepting only the comparatively small 
amount received under the convention of April, 1839. 

It will be your duty, in a prudent and friendly spirit, to impress 
the Mexican government with a sense of their great injustice to- 
wards the United States, as well as of the patient forbearance which 
has been exercised by us. This cannot be expected to endure much 
longer, and these claims must now speedily be adjusted in a satis- 
factory manner. Already have the government of the United States 
too long omitted to obtain redress for their injured citizens. 

But in what manner can this duty be performed consistently with 
the amicable spirit of your mission? The fact is but too well 
known to the world, that the Mexican government are not now in 
a condition to satisfy these claims by the payment of money. Un- 
less the debt should be assumed by the government of the United 
States, the claimants cannot receive what is justly their due. For- 
tunately, the joint resolution of Congress, approved 1st March, 
1845, "for annexing Texas to the United States," presents the 
means of satisfying these claims, in perfect consistency with the 
interests, as well as the honor, of both republics. It has reserved 
to th's government the adjustment "of all questions of boundary 
that may arise with other governments." This question of boundary 
may, therefore, be adjusted in such a manner between the two re- 
publics as to cast the burden of the debt due to American claimants 
upon their own government, whilst it will do no injury to Mexico. 

Jn order to arrive at a just conclusion upon this subject, it is ne- 
cessary briefly to state what, at present, are the territorial rights of 
the parties. 

The Congress of Texas, by the act of December 19, 1836, have 
declared the Rio del Norte, from its mouth to its source, to be a 
boundary of that republic. 

In regard to the right of Texas to the boundary of the del Norte, 
from its mouth to the Paso, there cannot, it is apprehended, be any 
very serious doubt. It would be easy to establish, by the author- 
ity of our most eminent statesmen — at a time, too, when the ques- 



[52] 



76 



tion of the boundary of the province of Louisiana was better under- 
stood than it is at present — that, to this extent, at least, the del 
Norte was its western limit. Messrs. Monroe and Pinckney, in 
their communications of January 28, 1805, to Don Pedro Cevallos, 
then the Spanish minister of foreign relations, assert, in the strongest 
terms, that the boundaries of that province "are the River Perdido 
to the east, and the Rio Bravo to the west." They say, " the facts 
and principles which justify this conclusion are so satisfactory to 
our government, as to convince it that the United States have not a 
better right to the island of New Orleans under the cession referred 
to,, (that of Louisiana,) than they have to the whole district of ter- 
ritory which is above described." Mr. Jefferson was at that time 
President, and Mr. Madison Secretary of State; you well know how 
to appreciate their authority. In the subsequent negotiation with 
Mr. Cevallos, Messrs. Monroe and Pinckney conclusively vindi- 
cated the right of the United States as far^vest as the del Norte. 
Down to the very conclusion of the Florida treaty, the United 
States asserted their right to this extent — not bywords only, but by 
deeds. In 1818, this government having learned that a number of 
adventurers, chiefly Frenchmen, had landed at Galveston, with the 
avowed purpose of forming a settlement in that vicinity, despatched 
George Graham, esq., with instructions to warn them to desist. 
The following is an extract from these instructions, dated 2d June, 
1818: "The President wishes you to proceed with all convenient 
speed to that place, (Galveston,) unless, as is not improbable, you 
should, in the progress of the journey, learn that they have aban- 
doned or been driven from it. Should they have removed to Mata- 
gorda, or any other place north of the R.io Bravo and within the 
territory claimed by the United States, you will repair thither, with- 
out, however, exposing yourself to be captured by any Spanish mi- 
litary force. When arrived, you will, in a suitable manner, make 
known to the chief or leader of the expedition your authority from 
the government of the United States; and express the surprise with 
which the President has seen possession thus taken, without author- 
ity from the United States, of a place within their territorial limits, 
and upon which no lawful settlement can be made without their 
sanction. You will cali upon him explicitly to avow under what 
national authority they profess to act, and take care that due warn- 
ing be given to the whole body that the place is within the United 
States, who will suffer no permanent settlement to be made there 
under any authority other than their own." 

It cannot be denied, however, that the Florida treaty of 22d Feb- 
ruary, 1819, ceded to Spi in all that part of ancient Louisiana within 
the present limits of Texas; and the more important inquiry now 
is, what is«the extent of the territorial rights which Texas has ac- 
quired by the sword in a righteous resistance, to Mexico. In your 
negotiations with Mexico, the independence of Texas must be con- 
sidered a settled fact, and is not to be* called in question. 

Texas achieved her independence on the plain of San Jacinto, in 
April, 1836, by one of the most decisive and memorable victories 
recorded in history. She then convinced the world, by her courage 



77 [ 52 ] 

and her conduct, that she deserved to rank as an independent na- 
tion. To use the lanuguage of Mr. Webster, Secretary of State, in 
a despatch to our minister at Mexico, dated 8th July, 1842: "From 
the time of the battle of San Jacinto, in April, 1836, to the present 
moment, Texas has exhibited the same external signs of national 
independence as Mexico herself, and with quite as much stability 
of government. Practically free and independent; acknowledged 
as a political sovereignty by the principal powers of the world; no 
hostile foot finding rest within her territory for six or seven years- 
and Mexico herself refraining, for all Giat period, from any further 
attempt to re-establish her own authority over that territory," 
&c. &c. 

Finally, on the 29th March, 1845, Mexico consented, in the most 
solemn iorm, through the intervention of the British and French, 
governments, to acknowledge the independence of Texas, provided 
she would stipulate not to annex herself or become subject to any 
country whatever. » 

It may, however, be contended, on the part of Mexico, that the 
Nueces, and not the Rio del Norte, is the true western boundary of 
Texas. I need not furnish you arguments to controvert this posi- 
tion. You have been perfectly familiar with the subject from the 
beginning, and know that the jurisdiction of Texas has been ex- 
tended beyond that river, and that representatives from the country 
between it and the del Norte have participated in the deliberations 
both of her congress and her convention. Besides, this portion of 
the territory was embraced within the limits of ancient Louisiana. 

The case is different in regard to New Mexico. Santa Fe, its 
capital, was settled by the Spaniards more than two centuries ao-o- 
and that province has been ever since in their possession and that 
of the republic of Mexico. The Texans never have conquered or 
taken possession of it, nor have its people ever been represented in 
any of their legislative assemblies or conventions. 

The long and narrow valley of New Mexico, or Santa Fe, is sit- 
uated on both banks of the upper del Norte, and is bounded on both 
sides by mountains. It is many hundred miles remote from other 
settled portions.of Mexico, and from its distance it is both difficult 
and expensive to defend the inhabitants against the tribes of fierce 
and warlike savages that roam over the surrounding country. For 
this cause it has suffered severely from their incursions. Mexico 
must expend far more in defending so distant a possession than she 
can possibly derive benefit from continuing to hold it. 

Besides, it is greatly to be desired that our boundary with Mex- 
ico should now be established in such a manner as to preclude all 
future difficulties and disputes between the two republics. A great 
portion of New Mexico being on this side of the Rio Grande, and 
included within the limits already claimed by Texas, it may here- 
after, should it remain a Mexican province, become a subject of 
dispute and a source of bad feeling between those who, I trust, are 
destined in future to be always friends. 

On the other hand, if, in adjusting the boundary, the province of 
New Mexico should be included within the limits of the United 



[52] 



78 



States, this would obviate the danger of future collisions. Mexico 
would part with a remote and detached province, the possession of 
which can never be advantageous to her; and she would be relieved 
from tlie trouble and expense of defending its inhabitants against 
the Indians. Besides, she would thus purchase security against 
their attacks for her other provinces west of the del Norte, as it 
would at once become the duty of the United States to restrain the 
savage tribes within their limits, and prevent them from mating 
hostile incursions into Mex^o. From these considerations, and 
others which will readily suggest themselves to your mind, it would 
seem to be equally the interest of both powers that New M'exico 
should belong to the United States. 

But the President desires to deal liberally by Mexico. You are, 
therefore, authorized to offer to assume the; payment of all the just 
claims of our citizens against Mexico; and, in addition, to pay five 
millions of dollars in case the Mexican government shall agree to 
establish the boundary between the two countries from the mouth 
of the Rio Grande, up the principal stream to the point where it 
touches the line of New Mexico; thence west of the river along the 
exterior line of that province, and so as to include the whole w T ithin 
the United States, until it again intersects the river; thence up the 
principal stream of the same to its source; and thence due north 
until it intersects the forty-second degree of north latitude. 

A boundary still preferable to this would be an extension of the 
line from the northwest corner of New Mexico, along the range of 
mountains until it would intersect the forty-second parallel. 

Should the Mexican authorities prove unwilling to extend our 
boundary beyond the del Norte, you are, in that event, instructed 
to offer to assume the payment of all the just claims of citizens of 
the United States against Mexico, should she agree that the line 
shall be established along the boundary defined by the act of Con- 
gress of Texas, approved December 19, 1836, to wit: beginning at 
"the mouth of the Rio Grande; thence up the principal stream of 
said river to its source; thence due north to the forty-second degree 
of north latitude." 

It is scarcely to be supposed, however, that Mexico would relin- 
quish five millions of dollars for the sake of retaining the narrow 
strip of territory in the valley of New Mexico, west of the Rio 
Grande; and thus place under two distinct governments the small 
settlements, closely identified with each other, on the opposite 
banks of the river. Besides, all the inconveniences to her from 
holding New Mexico, which I have pointed out, would be seriously 
aggravated by her continuing to hold that small portion of it which 
lies west of the river. 

There is another subject of vast importance to the United States, 
which will demand your particular attention. From information, 
possessed by this department, it is to be seriously apprehended that 
both Great Britain and France have designs upon California. The 
views of the government of the United States on this subject you 
will find presented in my despatch to Thomas O. Larkin, esq., our 
consul at Monterey, dated October 17, 1845, a copy of which is 



79 [ 52 ] 

herewith transmitted. From it you will perceive, that whilst this 
government does not intend to interfere between Mexico and Cali- 
fornia, it would vigorously interpose to prevent the latter from be- 
coming either a British or a French colony. You will endeavor to 
ascertain whether Mexico has any intention of ceding it to the one 
or the other power; and if any such design exists, you will exert 
all your energies to prevent an act which, if consummated, would 
be so fraught with danger to the best interests of the United States. 
On this sfibject you may freely correspond with Mr. Larkin, taking 
care that your letters shall not fall into improper hands. 

The possession of the bay and harbor of San Francisco is all im- 
portant to the United States. The advantages to us of its acquisi- 
tion are so striking, that it would be a waste of time to enumerate 
them here. If all these should be turned against our country by 
the cession of California to Great Britain, our principal commercial 
rival, the consequences would be most disastrous. 

The government of •California is now but nominally dependent 
upon Mexico; and it is more than doubtful whether her authority 
will ever be reinstated. Under these circumstances, it is the desire 
of the President that you shall use your best efforts to obtain a ces- 
sion of that province from Mexico to the United States. Could 
you accomplish this object, you would render immense service to 
your country, and. establish an enviable reputation for yourself. 
Money would be no object, when compared with the value of the 
acquisition. Still, the attempt must be made with great prudence 
and caution, and in such, a manner as not to alarm the jealousy of 
the Mexican government. Should you, after sounding the Mexican 
authorities on the subject, discover a prospect of success, the Presi- 
dent would not hesi.tate to give, in addition to the assumption of 
the just claims of our citizens on Mexico, twenty-five millions of 
dollars for the cession. Should you deem it expedient, you are 
authorized to offer this sum for a boundary running due west from 
the southern extremity of New Mexico to the Pacific ocean, or from 
any other point on its western boundary which would embrace Mon- 
terey within our limits. If Monterey cannot be obtained, you may 
if necessary, in addition to the assumption of these claims, offer 
twenty millions of dollars for any boundary commencing at any 
point on the western line of New Mexico and running due west to 
the Pacific, so as to include the bay and harbor of San Francisco. 
The larger the territory south of this bay, the better. Of course 
when I speak of any point on the western boundary of New Mexico 
it is understood that from the del Norte to that point our boundary 
shall run according to the first offer which you have been author- 
ized to make. I need scarcely add, that in authorizing the offer of 
five millions, or twenty-five millions, or twenty millions of dollars 
these are to be considered as maximum sums. If you can accom- 
plish either of the objects contemplated for a less amount, so much 
aaore satisfactory will it prove to the President. 

The views and wishes of the President are now before you, and 
much, at last, must be left to your own discretion. If you can ac- 
complish any one of the specific objects which have been presented 



[52] 



80 



in these instructions, you are authorized to conclude a treaty to 
that effect. If you cannot, after you shall have ascertained what 
is practicable, you will ask for further instructions, and they shall 
he immediately communicated. 

Your mission is one of the most delicate and important which has 
ever been confided to a citizen of the United States. The people 
to whom you will be sent are proverbially jealous; and they have 
been irritated against the United States by recent events, and the 
intrigues of foreign powers. To conciliate their good will is indis- 
pensable to your success. I need not warn you against wounding 
their national vanity. You may probably have to endure their unjust 
reproaches with equanimity. It would be difficult to raise a point 
of honor between the United States and so feeble and' distracted a 
power as Mexico. This reflection will teach you to bear and for- 
bear much, for the sake of accomplishing the great objects of your 
mission. We are sincerely desirous to be on good terms with Mex- 
ico; and the President reposes implicit confidence in your patriot- 
ism, sagacity, and ability, to restore the ancient relations of friend- 
ship between the two republics. 

Herewith you will also receive your full powers to conclude a 
treaty, together with two maps — the one Arrowsmith's and the other 
Emory's — on which are designated the limits of New Mexico. 

You will keep the department advised of your progress as often 
as safe opportunities may offer. 

You are aware that Congress, at their last session, made the fol- 
lowing appropriation: 

" For paying the April and July instalments of the Mexican in- 
demnities, due in eighteen hundred and forty-four, the sum of two 
hundred and seventy-five thousand dollars: Provided, it shall be 
ascertained to the satisfaction of the American government that 
said instalments have been paid by the Mexican government, to the 
agent appointed by the United States to receive the same, in such 
manner as to discharge all claim on the Mexican government, and 
said agent to be delinquent in remitting the money to the United 
States." 

The whole transaction between Emilio Voss, esq., the agent of 
the United States, and the Mexican authorities, is yet involved in 
mystery, which this government has not been able to unravel. You 
will endeavor, with as little delay as possible, to ascertain the true 
state of the case in relation to the alleged payment of these instal- 
ments by the Mexican government to our agent, and give the de- 
partment the earliest information on the subject. A copy of his 
receipt ought to be obtained, if possible. 

I am, &c, 

JAMES BUCHANAN. 

John Slidell, Esq., 

Envoy Extraordinary and Minister Plenipotentiary 

from the United States to Mexico. 



81 [ 52 ] 

Mr. Buchanan to Mr. Trist. 

Department of State, 

Washington, April 15, 1847. 

Sir: Since the glorious victory of Bu'ena Vista, and the capture 
of Vera Cruz and the castle of San Juan d'Ulloa by the American 
arras, it is deemed probable that the Mexican government may be 
willing to conclude a treaty of peace with the United States. With- 
out any certain information, however, as to its disposition, the 
President would not feel justified in appointing public commission- 
ers for this purpose, and inviting it to do the same. After so many 
overtures rejected by Mexico, this course might not only subject 
the United States to the' indignity of another refusal, but might, in 
the end, prove prejudicial to the cause of peace. The Mexican gov- 
ernment might thus be encouraged in the mistaken opinion, which 
it probably already entertains, respecting the motives which have 
actuated the President in his repeated efforts to terminate the war. 
He deems it proper, notwithstanding, to send to the head-quarters 
of the army a confidential agent, fully acquainted with the views of 
this government, and clothed with full powers to conclude a treaty 
of peace with the Mexican government, should it be so inclined. 
In this manner he will be enabled to take advantage, at the propi- 
tious moment, of any favorable circumstances which might dispose 
that government to peace. 

The President, therefore, having full confidence in your ability, 
patriotism, and integrity, has selected you as a commissioner to the 
United Mexican States, to discharge the duties of this important 
mission; and for your services in this capacity you will be allowed 
the outfit and salary of a charge d'affaires. 

You are herewith furnished with a projet of a treaty, (marked A,) 
embraced in eleven articles, and founded upon just and liberal prin- 
ciples towards Mexico; which, together with your instructions, 
you may communicate confidentially to Major General Scott and 
Commodore Perry. 

Should a Mexican plenipotentiary meet you, duly authorized by 
his government to conclude a treaty of peace, you will, after a mu- 
tual exchange of your full powers, deliver him a copy of this pro- 
jet, with the sum in blank contained in the fifth article as a consid- 
eration for the extension of our boundaries, and inform him that 
you are prepared to sign it, on behalf of the government of the 
United States, as soon as the sum with which the blank is to be 
filled shall be agreed upon by the parties. This sum ought to be 
as much below the fifteen millions contained in the article as you 
can accomplish. Considering the heavy expenses and sacrifices of 
the war on our oart, and the brilliant success of our arms, as well 
as the large amount which, under the projet, this government has 
assumed to pay our own citizens for claims due to them by Mexico, 
justice would seem to require that the treaty should not stipulate 
for the payment of a very large sum. ■ 

You may, in conversation with him, ascertain what change in the 

6 



[52] 



82 



terms of the projet the Mexican government would require; and if 
this should become indispensable to attain the object, you may mo- 
dify these terms, including the amount to be paid to Mexico, in the 
following particulars: 

1. Instead of fifteen millions of dollars stipulated to be paid by 
the fifth article for the extension of our boundary over New Mexico 
and Upper and Lower California, you may increase the amount to 
any sum not exceeding thirty millions of dollars, payable by in- 
stalments of three millions per annum, provided the right of pas- 
sage and transit across the isthmus of Tehuantepec, secured to the 
United States by the eigth article of the projet, shall form a part of 
the treaty. 

2. Whilst it is of the greatest importance to the United States to 
extend their boundaries over Lower California, as well as New 
Mexico and Upper California, you are not to consider this as a sine 
qua no?i to the conclusion of a treaty. You will, therefore, not 
break off the negotiation if New Mexico and Upper California can 
alone be acquired. In that event, however, you will not stipulate- 
to pay more than twenty millions of dollars for these two provinces 
without the right of passage and transit across the isthmus of Te- 
huantepec. 

3. You are authorized to stipulate for the payment of any sum 
not exceeding twenty-five millions of dollars for New Mexico and 
Upper California, without Lower California, provided the stipula- 
tion securing the right of passage and transit across the isthmus of 
Tehuantepec shall be retained in the treaty; or, if this should be 
stricken out, you are authorized to stipulate for the payment of the 
like sum of twenty -five millions of dollars for Lower California, in 
addition to New Mexico and Upper California. 

Should Lower California not be embraced in the treaty, then it 
will become necessary to change the delineation of boundary con- 
tained in the fourth article of the projet in the following manner: 

Instead of the concluding words " to the Pacific ocean," let it read, 
11 to a point directly opposite the division line between Upper and 
Lower Califorhia; thence due west along the said line which runs 
north of the parallel of 32 degrees and south of San Miguel, to 
the Pacific ocean; and the vessels and citizens of the United States 
shall, in all time to come, have free and uninterrupted access to 
and from the ocean, through the gulf of California, from and to 
their possessions north of the said division line." 

You will not fail to observe that the sums of thirty, twenty, and 
twenty-five millions of dollars, respectively, which you are au- 
thorized to offer, are all maximums; and you will not go to the ex- 
tent of either, unless you shall find this absolutely nectssary to the 
conclusion of a treaty. You will not exceed the fifteen millions of 
dollars contained in the fifth article of the projet, until you shall 
have good reason to believe that the Mexican government would 
break off the negotiation unless it should be increased; and, in de- 
parting from this sum, you will go as little beyond it as prac- 
ticable. 

Whilst it would be most convenient for the treasury of the Uni- 
ted States to pay any sum for which you may stipulate in annual 



83 [ 52 ] 

instalments of three millions each, yet this is not indispensable. 
If necessary, therefore, to the conclusion of the treaty, you may 
agree that, for the remainder of the sum above the three millions of 
dollars to be paid upon its ratification by Mexico, the government 
of the United States shall create a six per cent, stock, similar to 
that created for the purchase of Louisiana, to be transferred to the 
government of Mexico, the interest on the same to be payable an- 
nually at the city of Washington, and the principal to be redeem- 
able there, at the pleasure of this government, any time after two 
years from the exchange of ratifications. 

Should this stock not be created, .then, if insisted upon by the 
Mexican government, each of the annual instalments may bear an 
interest of six per cent., but the interest on each instalment to be 
payable only when the principal shall be paid. 

If you can obtain the postponement of the payment of the whole 
or any part of the three millions of dollars stipulated to be paid by 
the projet, immediately after the ratification of the treaty by Mexi- 
co, until the ratifications shall have been exchanged, this would be 
highly satisfactory to the President. 

The rights of the persons and property of the inhabitants of the 
territory over which the boundaries of the United States shall be 
extended, will be amply protected by the constitution and laws of 
the United States. An article, therefore, to secure these rights has 
not been inserted in the projet; but should this be deemed neces- 
sary by the Mexican government, no strong objection exists against 
inserting in the treaty an article similar to the third article of the 
Louisiana treaty. It might read as follows: "The inhabitants of 
the territory over which the jurisdiction of the United States has 
been extended by the fourth article of this treaty shall be incorpo- 
rated in the Union of the United States, and admitted as soon as 
possible, according to the principles of the Federal constitution, to 
the enjoyment of all the rights, advantages, and immunities of citi- 
zens of the United States; and, in the mean time, they shall be 
maintained and protected in the free* enjoyment of their liberty, 
property, and the religion which they 1 ? profess." 

In the event of the insertion of this article, it would be proper 
to add to it the following; "Provided that all grants or conces- 
sions whatever of any lands, made or issued by the Mexican gov- 
ernment since the thirteenth day of May, one thousand eight hun- 
dred and forty-six, within the said territory, shall be absolutely 
null and void." The date might, if necessary, be changed from 
the day when Congress recognised the existence of the war to the 
month of September, 1846, when the American forces took posses- 
sion of California. 

The extension of our boundaries over New Mexico* and Upper 
California, for a sum not exceeding twenty millions of dollars, 
is to be considered a sine qua non of any treaty. You may modify, 
change, or omit the other terms of the projet if needful, but not so 
as to interfere with this ultimatum. 

If you should not succeed in accomplishing the object of your 
mission, you are authorized to make the necessary preliminary ar- 



[52] 



84 



rangements with the Mexican government for the conclusion of a 
treaty of peace by commissioners, to be appointed by both parties, 
according to the proposition contained in my note of the 18th 
January last to the Mexican minister of foreign relations; pro- 
vided a reasonable prospect shall exist that such Mexican commis- 
sioners will agree to the ultimatum which I have specified. 

So rapidly does revolution follow revolution in Mexico, that it 
would be difficult to conjecture what form of government you may 
find in existence over that ill-fated country on your arrival at the 
head-quarters of the army. The constitution of l824"may then have 
been abolished, and a dictatorship be again existing in its stead. 
You will not hesitate, however, to conclude a treaty with whatever 
government you shall find there upon your arrival, provided it pre- 
sents a reasonable prospect of being able to maintain itself. Should 
a dictator be established who has subverted the constitution of 
1824, and acquired the supreme power, his ratification of the treaty 
will be sufficient without the previous approbation of the general 
Congress. Were this government to refuse to conclude a treaty of 
peace until the Mexican government shall assume any permanent 
constitutional form, the war might yet continue for many years to 
come. 

If the contingency shall occur on the happening of which, as 
provided by the third article of the proposed treaty, hostilities are 
required to be suspended, you will, without delay, communicate 
this fact to the commanders of our land and naval forces re- 
spectively; the Secretaries of War and the Navy having already 
issued orders to them for the suspension of hostilities upon the re- 
ceipt of such a notice from yourself. 

You will herewith receive a certificate from the Secretary of the 
Treasury, that your draft in favor of the Mexican government, for 
the whole or any part of the three millions of dollars appropriated 
by the act of Congress of the 3d March, 1847, entitled "An act 
making further appropriation to bring the existing war with Mexico 
to a speedy and honorable conclusion," will be duly honored. You 
will be exceedingly careful not to draw for any part of this sum 
until the conditions required by that act shall have been fully com- 
plied with, and the treaty which you may sign with the authorized 
agent or ?gents of the Mexican government has been " duly ratified 
by Mexico." As the disbursement of so large a sum is a matter of 
great importance, you should use every precaution to be certain 
that your drafts shall be drawn in favor of the proper functionary 
of the Mexican government, and the whole business transacted in 
such a manner that no difficulty will hereafter arise on the subject. 
You will take receipts in triplicate for any draft or drafts which 
you draw; which ought, if possible, to be signed by the President 
of Mexico, and countersigned by the minister of finance. 
I am, sir, with great respect, your obedient servant, 

JAMES BUCHANAN. 

Nicholas P. Trist, Esq., 



85 [ 52 ] 

[A.J 

PROJET 

The United States of America and the United Mexican States, 
desirous of terminating the war which has unhappily subsisted be- 
tween the two republics, and of restoring peace, friendship, and 
good understanding between them, have, for that purpose, appointed 
their respective plenipotentiaries; that is to say, the President of 
the United States has appointed Nicholas P. Trist, &c, &c, and 

who, after a reciprocal communication of their respective full pow- 
ers, have agreed upon the following articles: 

Article I. 

There shall be a firm and universal peace between the United 
States of America and the United Mexican States, and between 
their respective countries, territories, cities, towns, and people, 
without exception of places or persons. All hostilities, both by 
sea and land, shall definitively cease so soon as the ratifications of 
this treaty shall have been exchanged by the parties. 

Article II. 

All prisoners of war taken on either side, as well by land as by 
sea, shall be restored as soon as practicable after the exchange of 
the ratifications of this treaty. 

Article III. 

So soon as the present treaty shall have been duly ratified by the 
United Mexican States, this fact shall be made known with the 
least possible delay to the military and naval commanders of both 
parties, whereupon a suspension of hostilities shall take place both 
by land and by sea, as well on the part of the military and naval 
forces of the United States as on the part of those of the United 
Mexican States; and the said suspension of hostilities shall be in- 
violably observed on both sides. Immediately after the exchange 
of the ratifications of the present treaty, all the forts, territories, 
places, and possessions, whatsoever, taken by the United States 
from the United Mexican States during the war, except such as are 
embraced within the limits of the United States as defined by the 
fourth article of this treaty, shall be restored without delay, and 
without causing any destruction, or carrying away any of the ar- 
tillery or other public property originally captured in the said forts 
or places, and which shall remain therein upon the exchange of the 
ratifications of this treaty: and in like manner, all'the forts, territo- 
ries, places, and possessions, whatsoever, taken by the United Mexi- 
can States from the United States during the war, and also all such 
forts, territories, places, and possessions embraced within the limits 
of the United States under the fourth article of this treaty, shall be 



[52] 86 

restored, evacuated, and delivered over to the United States with- 
out delay, and without causing any destruction, or carrying away 
any of the artillery or other public property from the said forts or 
places, and which shall remain therein upon the exchange of the 
ratifications of this treaty. 

Article IV. 

The boundary line between the two republics shall commence in 
the Gulf of Mexico, three leagues from the land opposite the mouth 
of the Rio Grande; from thence up the middle of that river to the 
point where it strikes the southern line of New Mexico; thence 
westwardly along the southern boundary of New Mexico to the 
southwestern corner of the same; thence northward along the west- 
ern line of New Mexico, until it intersects the first branch of the 
river Gila; or if it should not intersect any branch of that river, 
then to the point on the said line nearest to such branch; and thence 
in a direct line to the same, and clown the middle of said branch, 
and of the said river, until it empties into the Rio Colorado; thence 
down the middle of the Colorado, and the middle of the Gulf of 
California, to the Pacific ocean. 

Article V. 

In consideration of the extension of the boundaries of the United 
States, as defined by the last preceding article, the United States 
agree to pay to the United Mexican States, at the city of Vera Cruz, 
the sum of fifteen millions of dollars, in five equal annual instal- 
ments, each of three millions of dollars; the first instalment to be 
paid immediately after this treaty shall have been duly ratified by 
the government of the United Mexican States. 

Article VI. 

As a further consideration for the extension of the boundaries of 
the United States, as defined by the fourth article of this treaty, the 
United States agree to assume and pay to the claimants all the in- 
stalments now due, or hereafter to become due, under the conven- 
tion between the two republics, concluded at the city of Mexico on 
the 30th day of January, 1843, " further to provide for the pay- 
ment of awards in favor of claimants under the convention between 
the United States and the Mexican republic, of the 11th April, 
1839." And the United States also agree to assume and pay, to an 
amount not exceeding three millions of dollars, all claims of citi- 
zens of the United States not heretofore decided against the gov- 
ernment of the United Mexican States, which may have arisen pre- 
vious to the l3tK of May, 1846, and shall be found to be justly due 
by a board of commissioners to be established by the government of 
the United States, whose awards shall be final and conclusive: Pro- 
vided^ That, in deciding upon the validity of these claims, the 
board shall be guided and governed by the principles and rules of 



87 [ 52 ] 

decision prescribed by the first and fifth articles of the unratified 
convention concluded at the city of Mexico on the 20th day of No- 
vember, A. D. 1843; and in no case shall an award be made in favor 
of any claim not embraced by these principles and rules. And the 
United States do hereby forever discharge the United Mexican 
States from all liability for any of the said claims, whether the 
same shall be rejected or allowed by the said board of commis- 
sioners. 

Article VII. 

If, in the opinion of the said board of commissioners, or of the 
claimants, any books, records, or documents, in the possession or 
power of the government of the United Mexican States, shall be 
deemed necessary to the just decision of any of said claims, the 
commissioners, or the claimants through them, shall, within such 
period as Congress may designate, make a demand in writing for 
the same, addressed to the Mexican minister for foreign affairs, to 
be transmitted by the Secretary of State of the United States; and 
the Mexican government engages, at the earliest possible moment 
after the receipt of such demand, to cause any of the said books, 
records, or documents, in their possession or power, which shall be 
specified, to be transmitted to the said Secretary of State, who shall 
immediately deliver them over to the said board of commissioners: 
Provided, That no such demand shall be made at the instance of 
any claimant until the facts which it is expected to prove by such 
books, records, or documents, shall first have been stated under oath 
or affirmation. 

Article VIII. 

The government of the United Mexican States hereby grant and 
guaranty forever, to the government, and citizens of the United 
States, the right to transport across the isthmus of Tehuantepec, 
from sea to sea, by any modes of communication now existing, 
whether by land or water, free of any toll or charges whatever, all 
and any articles of the growth, produce, or manufacture of the 
United States, or of any foreign country, belonging to the said gov- 
ernment or citizens; and also the right of free passage over the 
same to all citizens of the United States. And the government of 
the United Mexican States also grant and guaranty to the govern- 
ment and citizens of the United States the same right of passage 
for their merchandise and articles aforesaid, as well as for such 
citizens, over any railroad or canal which may hereafter be con- 
structed across the said isthmus by the government of the United 
Mexican States, or by its authority, paying no more than fair and 
reasonable tolls for the same; and no higher tolls and charges shall 
be levied and collected upon any of the before mentioned articles 
and merchandise belonging to the government or citizens of the 
United States, or upon the persons of such citizens, for passing over 
the said railroad or canal, than shall be levied and collected upon 
like articles and merchandise belonging to the government or citi- 
zens of Mexico, being the growth, produce, and manufacture of 



[52] 



88 



Mexico, or of any foreign country, or upon the persons of such citi- 
zens. And none of the said articles whatever, belonging to the 
government or citizens of the United States, thus passing in transit 
over the said isthmus, from sea to sea, either by the existing modes 
of communication or over any railroad or canal which may hereaf- 
ter be constructed, in either direction, for the purpose of being 
transported to any port of the United States, or of any foreign 
country, shall be liable to any import or export duty whatever. 
The two governments hereby engage, with as little delay as possi- 
ble, mutually to agree upon such regulations as may be necessary 
to prevent fraud and smuggling, in consequence of the right of pas- 
sage thus granted and perpetually guarantied to the government 
and citizens of the United States. 

Article IX. 

All goods, wares, or merchandise, which shall, during the war, 
have been imported into any of the ports or places of either party 
whilst in the military occupation of the other, by the citizens of 
either, or by the citizens or subjects of any neutral power, shall be 
permitted to remain exempt from confiscation, or from any tax or 
duty upon the sale or exchange of the same, or upon the withdrawal 
of the said property from the country; and the owners thereof shall 
be permitted to sell and dispose of the said property, in the same 
manner, in 'all respects whatever, as if it had been imported into 
the country in time of peace, and had paid the duties under the 
laws of either party, respectively. 

Article X. 

The treaty of amity, commerce, and navigation, concluded at the 
city of Mexico on the fifth day of April, A. D. 1831, between the 
United States of America and the United Mexican States, and every 
article thereof, with the exception of the additional article, are 
hereby revived for the period of eight years from the day of the 
exchange of the ratifications of this treaty, with the same force and 
virtue as if they made part of the context of the same; it being un- 
derstood that each of the contracting parties reserves to itself the 
right, at any time after the said period of eight years shall l~ave 
expired, to terminate the same, by giving one year's notice of such 
intention to the other party. 

Article XI. 

This treaty shall be approved and ratified by the President of the 
United States of America, by and with the advice and consent of the 
Senate thereof, and by the President of the United Mexican States, 
with the previous approbation of their general Congress; and the 
ratifications shall be exchanged in the city of Washington within 
six months from the date of the signature hereof, or sooner if 
practicable. 



89 [ 52 ] 

In faith whereof, we, the respective plenipotentiaries, have signed 
this treaty, and have hereunto affixed our seals. 

Done in duplicate, at , the day of 

A. D. one thousand eight hundred and forty-seven. 



Mr. Trist to Mr, Buchanan. — Extract. 

[No. 6.] Puebla, June 3, 1847. 

Sir : 

********* 

I enclose, also, a letter addressed to me by a gentleman whose 
name will be communicated hereafter. Being struck with the clear- 
ness and comprehensiveness, as well as the justness, of the views 
expressed by him in conversation with me, I requested him to com- 
mit the substance to writing; which he has obligingly done. I beg 
leave to call your attention to the part relating to the point below 
the Paso del Norte, to which he attaches great importance in a 
military point of view. If deemed proper, the boundary denned in 
my instructions might easily be modified in accordance with this 
suggestion (so far as regards that post) by saying, "up the middle 
of the Rio Bravo to the 32d degree of north latitude; thence due 
west to a point due south of the southwestern angle of New Mexi- 
co; thence due north to the said angle; thence along the western 
boundary," &c. I will add, that he has not the slightest idea of 

what my instructions contain on this or any other subject. 

****'***** 

Hon. James Buchanan, 

Secretary of State. 



Mr. Buchanan to Mr. Trist. — Extract. 

[No. 2. J Department of State, 

Washington, June 14, 1847. 

Sir: 

********* 

Enclosed I transmit you a copy of the orders issued on the 11th 
instant by the President to the Secretaries of War and of the Navy, 
upon the report of the Secretary of the Treasury of the day prece- 
ding, in relation to the Mexican tariff. From these you will per- 
ceive that it has been announced to the world that the government 
intend to provide by the treaty with Mexico that goods imported 
into any of the ports of that country, whilst in our military posses- 
sion, shall be exempt from any new import dutj or charge after the 
conclusion of peace. This will render it necessary for you to insist 
upon the insertion of the ninth article of the projet in the treaty. 
Indeed, you may consider this as a sine qua non. 
Yours, very respectfully, 

JAMES BUCHANAN. 

To N. P. Trist, Esq., 



[52] 



90 



Mr. Buchanan to Mr. Trist. — Extract. 



[No. 3.] Department of State, 

Washington, July 13, 1847. 
Sir: 

According to the suggestion in your despatch No. 6, you are au- 
thorized to modify the boundary contained in your instructions, so 
as to make it read, " up the middle of fhe Rio Grande to the thirty- 
second degree of north latitude; thence due west to a point due 
south of the southwestern angle of New Mexico; thence due north 
to the said angle; thence northward alon«: the western line of New 
Mexico," &c, &c, &c. This modification, which would embrace 
the Paso del Norte within the limits of the United States, is deemed 
important: still you are not to consider it as a sine qua non, nor 
suffer it to delay the conclusion of a treaty. 

I would suggest another and more important modification of the 
line; and this is, to run it along the thirty-second parallel of north 
latitude from the Rio Grande to the middle of the gulf of Califor- 
nia, and thence down the middle of the gulf to the Pacific ocean; 
or, if this cannot be obtained, to run it due west from the south- 
west angle of New Mexico to the middle of the gulf. Either of 
these lines would include within our limits the whole course of the 
Gila. From information derived from Major Emory, the valley of 
that river presents a favorable route for a railroad to the Pacific; 
but this would sometimes pass on the one side and sometimes on 
the other of the bed of the stream. For this reason it is deemed 
important that the whole valley of that river should be included 
within the boundary of the United States. You are, therefore, au- 
thorized and instructed to make the first, or if this cannot be ob- 
tained, the second modification above suggested, in the line; but 
still with the understanding that neither of these two changes is 
to be considered as a sine qua non, nor is it to delay the conclusion 
of a treaty. 

In case Lower California cannot be obtained, then the line might 
be run on the parallel of thirty-two degrees, or due west from the 
southwest corner of New Mexico to the Pacific ocean. If the lat- 
ter line should be adopted, care must be taken that San Miguel 
shall be included within our limits. 

Yours, very respectfully. 



To N. P. Trist, Esq., 

#c, #c, Sfc. 



JAMES BUCHANAN. 



Mr. Buchanan to Mr. Trist. — Extract. 

[No. 4.] Department of State, 

Washington, July 19, 1847. 

Sir: I enclose you a duplicate of my despatch No. 3, of the 13th 
instant. 



91 [ 52 ] 

The more I reflect upon the subject, the better am I convinced 
of the importance of running the boundary line between the Rio 
Grande and the gulf of California, along the thirty-second parallel 
of north latitude. We cannot learn that the boundaries of New 
Mexico have ever been authoritatively and specifically determined; 
and difficulties might hereafter arise between the two governments 
in ascertaining where the southwestern angle of New Mexico is 
situated. A conversation with Major Emory since the date of my 
last despatch, has convinced me still more of the importance of this 
modification. 

You will, therefore, in the copy of the projet of a treaty which 
you are instructed to present to the Mexican plenipotentiary, if this 
be not too late, substitute the following, instead of the 4th article: 

Article 4. — The boundary line between the two republics shall 
commence in the gulf of Mexico three leagues from the land, oppo- 
site the mouth of the Rio Grande; from thence up the middle of 
that river to the thirty-second parallel of north latitude; from 
thence due west along this parallel of latitude to the middle of the 
gulf of California; thence down the middle of the same to the Pa- 
cific ocean. 

It is not intended that you shall make the parallel of 32°, instead 
of the river Gila, a sine qua non; but yet it is deemed of great im- 
portance that you should obtain this modification, if it be practica- 
ble. 

If Lower California cannot be obtained, then the line on the par- 
allel of 32° m-ght be extended to the Pacific ocean; taking care, in 
that event, to secure to our citizens, in accordance with your origi- 
nal instructions, "in all time to come, a free and uninterrupted 
access to and from the ocean through the gulf of California, from 
and to their possessions north of the said division line." 

Major Emory, whilst in California, has accurately ascertained the 
latitude of two important points in that country. The latitude of 
the town of San Diego is 32° 44" 59'. The harbor is some miles 
south of the town. The latitude of the mouth of the Gila where it 

empties into the Colorado, is 32° 43'. 

# # # # # # 

To N. P. Trist, esq., frc, #c, #c. 



Mr. Buchanan to Mr. Trist. 

[No. 5. J Department of State, 

Washington^ October 6, 1847. 

Sia: On the 2d instant there was received at this department, 
from Vera Cruz, a printed document in Spanish, consisting of eight 
quarto pages, and entitled li Contestaceones habedas entre el Su- 
premo Gobierno Mexicano, el General en Gefe del ejercito Ameri- 
cano, y el Comisionado de los Estados Unidos. This purports to 
give a history in detail of the origin, progress, and unsuccessful 
uination of your negotiations with the Mexican commissioners. 



[52] 



92 



The counter projet of the Mexican government is, indeed, under all 
the circumstances, a most extraordinary document. Its extrava- 
gance proves conclusively that they were insincere in appointing 
commissioners to treat for peace, and that the armistice and subse- 
quent negotiations were intended merely to gain time. They must 
have known that the government of the United States never would 
surrender either the territory between the Nueces and the Rio 
Grande, or New Mexico, or any portion of Upper California; never 
would indemnify Mexican citizens for injuries they may have sus- 
tained by our troops in the prosecution of the present just and ne- 1 - 
cessary war; and never could, without dishonor, suffer the Mexican 
government to levy new duties upon goods imported into ports now 
in our actual possession which had already paid duties to the Uni- 
ted States. To propose such terms was a mere mockery. And here 
I ought to observe, in justice to yourself, that we do not Relieve 
there is any truth in the assertion of the Mexican commissioners, 
that you had proposed (if the other terms of the treaty were made 
satisfactory) to refer to your government, u with some hope of a 
good result," the question of surrendering to Mexico that portion 
of the sovereign State of Texas between the Nueces and the Rio 
Grande, or any part of Upper California. 

Your original instructions were framed in the spirit of forbear- 
ance and moderation. It was hoped, that after the surrender of 
Vera Cruz and the castle of San Juan d'Ulloa, the Mexican gov- 
ernment would be willing to listen to the counsels of peace. The 
terms, therefore, to which you were authorized to accede, were of 
the most liberal character, considering our just claims on Mexico 
and our success in the war. New Mexico, the Californias, several 
of the northern States, and most of the important ports of Mexico, 
were then in our possession; and yet we were at that time willing 
freely to surrender most of these conquests, and even to make an 
ample compensation for those which we retained. 
; Circumstances have entirely changed since the date of your origi- 
nal instructions. A vast amount of treasure has since been ex- 
pended; and, what is of infinitely more value, the lives of a great 
number of our most valuable citizens have been sacrificed in the 
prosecution of the war. 

In the annals of history never has there been a war conducted in 
the same manner by invading forces. Instead of levying military 
contributions for the support of our armies in the heart of our ene- 
my's country, we have paid fair, and even extravagant prices, for 
all the supplies which we have received. We have not only held 
sacred the private property of the Mexicans, but on several occa- 
sions have fed their famishing soldiers, and bound up their wounds. 
And what has been the return'? Treachery and cruelty have done 
their worst against us. Our citizens have been murdered, and their 
dead bodies mutilated, in cold blood, by bands of savage and cow- 
ardly guerillas; and the parole of honor, sacred in all civilized 
warfare, has been habitually forfeited by Mexican officers and sol- 
diers. Those paroled at Vera Cruz have fought against us at Cerro 
Gordo; and those paroled at Cerro Gordo have doubtless feofi ~ n 



93 L 52 ] 

the ranks of the enemy in the battles so glorious to our arms at and 
near the city of Mexico. 

After the battle of Cerro Gordo, the President entertained serious 
thoughts of modifying your instructions, at least so far as greatly 
to reduce the maximum sums which you were, authorized to pay for 
portions of the Mexican territory; but, wishing to afford to the 
world an example of continued moderation and forbearance in the 
midst of victory, he suffered them to remain unchanged. And what 
has been the consequence'? 

After a series of brilliant victories, when our troops were at the 
gates of the capital, and it was completely in our power, the Mexi- 
can government have not only rejected your liberal offers, but have 
insulted our country by proposing terms the acceptance of wbich 
would degrade us in the eyes of the w T orld, and be justly condemned 
by the w T hole American people. They must attribute our liberality 
to fear, or they must take courage from our supposed political di- 
visions. Some such cause is necessary to account for their strange 
infatuation. In this state of affairs, the President, believing that 
your continued presence with the army can be productive of no 
good, but may do much harm by encouraging the delusive hopes 
and false impressions of the Mexicans, has directed me to recall you 
from your mission, and to instruct you to return to the United 
States by the first safe opportunity. He has determined not to 
make another offer to treat with the Mexican government, though 
he will be always ready to receive and consider their proposals. 
They must now first sue for peace. 

What terms the President may be willing to grant them will de- 
pend upon the future events of the war, and the amount of the pre- 
cious blood of our fellow citizens and the treasure which shall in 
the mean time have been expended. 

Should the Mexican government desire hereafter to open negoti- 
ations, or to propose terms of peace, their overtures will be imme- 
diately transmitted to Washington by the commanding general, 
where they will receive the prompt consideration of the President. 

Should you have concluded a treaty before this despatch shall 
reach you, which is not anticipated, you will bring this treaty with 
you to the United States, for the consideration of the President; but 
should you, upon its arrival, be actually engaged in negotiations 
with Mexican commissioners, these must be immediately suspended; 
but you will inform them that the terms which they may have pro- 
posed, or shall propose, will be promptly submitted to the Presi- 
dent on your return. You are not to delay your departure, however, 
awaiting the communication of any terms from these commissioners, 
for the purpose of bringing them to the United States. 

I am, sir, very respectfully, your obedient servant, 

JAMES BUCHANAN. 

To Nicholas P. Trist, Esq , 



[ 52 ] 94 

Mr. Buchanan to Mr. Trist. 

[No. 6.1 Department of State, 

Washington, October 25, 1847. 

Sir: Your despatches, either in original or duplicate, to No. 16 
inclusive, with the exception of Nos. 5 and 8, have been received 
at the department. 

From your despatch No. 15, of the 4th September, received on 
the 21st instant, it appears that you had offered to the Mexican 
commissioners, that if they would propose to you to establish the 
boundary between the two republics by a line by which the United 
States would surrender that portion of the State of Texas between 
the Rio Grande and the Nueces, and also that portion of Upper 
California south of the thirty-third parallel of latitude, between the 
Colorado and the Pacific ocean, you would transmit such a propo- 
sition, proceeding from them, to Washington, and would propose 
to General Scott to continue the then existing armistice until you 
should receive the answer of your government. 

You will have learned from my despatch No. 5, of the 6th inst., 
that we did not believe there was any truth in the statement of the 
Mexican commissioners that you had made such a proposal. As this 
fact is now placed beyond a doubt, the President has instructed me 
to express to you his profound regret that you should have gone so 
far beyond the carefully considered ultimatum, to which you were 
limited by your instructions. 

The State of Texas is in the exercise of peaceable and undisturbed 
jurisdiction over the country between the Nueces and the Rio Grande. 
She has made extensive grants of land within its limits; divided it 
into counties, which have been represented in her convention and 
legislative assemblies; established courts of justice therein; and, in 
short, has exercised the same sovereign rights over it as over any 
other portion of her territory. 

Congress, acting upon these incontestable facts, as well as upon 
the clear right of Texas to extend to the Rio Grande, in December, 
1845, created a port of delivery west of the Nueces, at Corpus 
Christi, and in May, 1846, established post routes between these 
two rivers. This region, also, constitutes a part of one of the con- 
gressional districts of Texas, and its people are now represented in 
the Congress of the United States. 

Under these circumstances, the President could not for a single 
moment entertain the question of surrendering that portion of Texas, 
even if this were practicable. But such is not the case. Consid- 
ering the enterprising and energetic character of the American peo- 
ple it would be impossible to expel by force the inhabitants between 
the Nueces and the Rio Grande from their possessions, and to con- 
vert this territory into a desert, for the security of the Mexican 
frontier. 

The President has also directed me to express his regret that you 
should have been willing to entertain the question of surrendering 
any portion of Upper California to Mexico. By running the divi- 



95 [ 52 ] 

jjion line from the Colorado to the Pacific, along the thirty-third 
parallel of latitude, the bay and harbor of San Diego would be re- 
stored to the Mexican republic. This port, being nearly five de- 
grees further south, is, for every commercial purpose, of nearly 
equal importance to the United States with that of San Francisco. 
It was to secure to us the bay and harbor of San Diego beyond all 
question, and to prevent the Mexican government from hereafter 
i contesting the correctness of the division line between Upper and 
'Lower California, as delineated on the map which you carried with 
you, that your original instructions directed that if you could not 
obtain Lower California, the fourth article of the projet should in 
terms fix this line as running "north of the parallel of 32 p , and 
south of San Miguel, to the Pacific ocean." 

To have arrested our victorious army at the gates of the capital 
for forty or fifty days, and thus to have afforded the Mexicans an 
opportunity to recover from their panic, to embody their scattered 
forces, and to prepare for further resistance, in order that in the 
meantime you might refer such proposals to your government, 
would, in the President's opinion, have been truly unfortunate. 

With these considerations in view, the President has directed me 
to reiterate your recall. 

The date of the last despatch received at the War Department 
from General Scott is the 4th June. The President is now becom- 
ing apprehensive that he may not receive despatches from him be- 
fore the meeting of Congress. 

I transmit herewith a copy, in triplicate, of my despatch No. 5. 
Yours, very respectfully, 

JAMES BUCHANAN. 

To N. P. TRisT,Esq., 

4rc, #c, 8rc. 



MrrDe la Rosa to Mr. Trist. 

[Translation.] 



Q.ueretas.0, October 31, 1847, 

Th* undersigned, minister of foreign relations of the Mexican 
repub ic, has had the honor to receive the note under date the 20th 
ultimt j* addressed to him by his excellency Nicholas Trist, com- 
missioner of the United States of America, clothed with full powers 
to conclude a treaty of peace with the said republic. The under- 
s : ;ned has received, also, the note of his excellency Mr. Trist, in 

jly to that addressed to him under date the 6th September! by 

lir excellencies the commissioners, on the part of Mexico, for 

gotiating a peace. 



This note has not been received at the Department of State. 

A copy of thi-i note has been ommunieated to the Senate in legislative session. 



[ 52 ] 96 

Although the two documents referred to leave but little hope 
that peace may be re-established, the undersigned can assure his 
excellency Mr. Trist that the government of Mexico is animated 
by the same ardent wish as his excellency for tne cessation of a war, 
the calamities of which now bear heavily upon this republic, and 
the consequences of which will, sooner or later, make themselves 
felt by the United States of America. The undersigned will in con- 
sequence have the honor, in the course of a few days, to advise his 
excellency Mr. Trist of the appointment of commissioners to con- 
tinue the negotiations for peace, to whom will be given instructions 
for the previous adjustment of an armistice, which the government 
of the undersigned believes will conduce greatly to the good result 
of the said negotiation. 

The undersigned offers to his excellency Nicholas Trist the assu- 
rance of his very distinguished consideration. 

LUIS DE LA ROSA. 



Mr, Trist to Mr. Buchanan. 

[No. 21. J Head-quarters of the U. S. Army, 

Mexico, November 27, 1847. 

Sir: I have the honor to acknowledge the receipt, on the 16th 
instant, by a courier from Vera Cruz, of your despatch of the 25th 
ultimo, accompanied by the triplicate of that of the 6th of the same 
month, the original of which was delivered to me on the evening of 
the next day, by Mr. Smyth, the bearer of despatches. The dupli- 
cate has not yet come to hand. It probably forms part of the large 
mail which, agreeably to the intelligence received here, left Vera 
Cruz in company with General Patterson, who had stopped at Ja- 
lapa. 

On a future occasion, perhaps, should I ever find time to employ 
on a theme so insignificant with respect to the public interests, and 
so unimportant in my own eyes, so far as regards its bearings upon 
myself personally, 1 may exercise the privilege of examir ">g the 
grounds for the censure cast upon my course by the Presi , and 

explaining those upon which rests the belief still entertaine »y me, 
that that course was calculated to attain the end contempl ed by 
our government, and was the only one which afforded the ^ ^htest 
possibility of its being attained; the end, I mean, of bringin* about 
a treaty of peace on the basis, in all material respects, of t? 2 pro- 
ject entrusted to me. For the present I will merely call attention 
to the fact, that a mere offer to refer a question to my government 
constitutes the only ground on which I can be charged withh^B *■. 
u gone so far beyond the carefully considered ultimatum tc re I n 
I was limited by my instructions." Whether this offer, urn * nt j a 
circumstances and prospects of the crisis when it was mai ni 
wise or unwise — I mean with reference to the end desired — 
government — is a question which no longer possesses any pi 
importance; thoughthe time was, when it constituted with me 



, 



97 [ 52 ] 

jcct of the most careful and the most anxious deliberation; not be- 
cause of the personal responsibility attaching to the decision in 
which that deliberation resulted — for that never occupied my mind 
for an instant — but because I knew, and I felt ^ that upon my own 
decision depended, according to every human probability, the early 
cessation of the war, or its indefinite protraction. The alternative 
presented by the position in which I found myself was, on the one 
hand, to keep on safe ground so far as I was personally concerned, 
and destroy the only possible chance for a peace; on the other 
hand, to assume responsibility, and keep that chance alive, with 
some prospect, at least — and, all things considered, as perhaps I 
may hereafter take the trouble to show, by no means a prospect to 
be despised, under such circumstances — that the adoption of our 

projet might come to pass. * * * * 

**#*####$ 

Upon perusing your two despatches above referred to, my first 
thought was immediately to address a note to the Mexican govern- 
ment, advising them of the inutility of pursuing their intention to 
appoint commissioners to meet me. On reflection, however, the 
depressing influence which this would exercise upon the peace par- 
ty, and the exhiliration which it would produce among the opposi- 
tion, being perfectly manifest, I determined to postpone making 
this communication officially, and meanwhile privately to advise 
the leading men of the party here, and at Queretaro, cf the instruc- 
tions which I had received. Their spirits had, for the last few 
days been very much raised by the course of events at Queretaro; 
and one of them (the second of the two heads mentioned in a late 
despatch) called on me on the very day after your despatches came 
to hand, for the purpose of communicating the "good news," and 
making known u the brightening prospects." Upon my saying that 
it was all too late, and telling what instructions I had received, his 
countenance fell, and flat despair succeeded to the cheeriness with 
which he had accosted me. The same depression has been evinced 
by every one of them that I have conversed with, whilst joy has 
been the effect with those of the opposite party who have ap- 
proached me to inquire into the truth of the newspaper statement 
from the Union. By both parties the peace men were considered 
as floored; this was the coup de grace for them. 

Mr. Thornton was to set out (as he did) the next morning for 
Queretaro; and I availed myself of this privately to apprize the 
members of the government of the state of things, with reference to 
which their exertions in favor of peace must now be directed, and 
to exhort them not to give up, as those here had at first seemed 
strongly disposed to do, and as it was believed here that those at 
Queretaro would at once do. Fortunately, however, when the 
news reached there, they had just taken in a strong dose of confi- 
dence — the result of the meeting of the governors — which has 
served to brace them against its stunning effect. Mr. Thornton left 
here on the 17th, and was to complete his journey on the evening 
of the 21st. Before he had reached there, I was privately advised 
here of the appointment of the commissioners named in the official 
7 



[52] 



98 



note from the minister of relations, under date22d, herein enclosed, 
together with a copy of my reply to the same, which was despatched 
from Queretaro on the morning of that day. Their extreme anxi- 
ety on the subject may be judged from the fact, that I have re- 
ceived already the same communication in duplicate and triplicate. 
The peace men did not cease for several days to implore me to re- 
main in the country, at least until Mr. Parrott shall have arrived 
with the despatches of which report makes him the bearer. To 
these entreaties, however, I have turned a deaf ear, stating the ab- 
solute impossibility that those despatches should bring anything to 
change my position in the slightest degree. General Scott at once 
said that he would despatch a train at any time I might name. And 
I should have set out before this, but for two considerations: one, 
that the garrison here is already so small that its duties are exceed- 
ingly oppressive to both officers and men, and the matter would be 
made still worse by the detachment of another escort; the other, 

that General Scott * * * * # * 

# , # ♦ # * # - * # 

For these reasons I have determined to postpone my departure until 
the return of the train under Lieutenant Colonel Johnson, which is 
expected on the 4th or 5th of next month. Should it be delayed 
beyond that time, and should any reinforcements have arrived here 
or be near, I will set out immediately after. It will take us twelve 
days at least to reach Vera Cruz. 

I recommend to the peace men to send immediately, through 
General Scott, whatever propositions they may have to make, or to 
despatch one or more commissioners with me. After full conver- 
sations on the subject, however, I became thoroughly satisfied of 
the impracticability of either plan: it would, to a certainty, have 
the effect of breaking them down. The only possible way in which 
a treaty can be made is, to have the work done on the spot; nego- 
tiation and ratification to take place at one dash. The complexion 
of the new Congress, which is to meet at Queretaro on the Sth of 
January, is highly favorable. This will be the last chance for a 
treaty. I would recommend, therefore, the immediate appointment 
of a commissioner on our part. 

I am, sir, in great haste, and very respectfully, your obedient 
servant, 

N. P. TRIST. 

Hon. James Buchanan, Secretary of State. 



Mr. Peha y Pena to Mr. Trist. 
[Translation.] 

Qteretaro, November 22, 1S-47. 

The undersigned, minister of relations of the Mexican govern- 
ment, has the honor to address the present note to his excellency 



99 [ 52 ] 

Don Nicholas Trist, commissioner of the United States of the north, 
and to acquaint his excellency that the provisional government of 
the president of the supreme court of justice of Mexico being 
ended, by the election of General Don Pedro Maria Annaya as 
President of the republic ad interim^ and his excellency having 
appointed the undersigned the head of this department of relations, 
the new President at once began to inform himself respecting the 
last discussions which took place between his excellency Mr. Trist 
and this department. 

Seeing in them the ardent desire which his excellency states he 
entertains to cause an end ^to be put to the calamities of the war 
which unfortunately severs both republics, and that for this pur- 
pose the appointment of commissioners on the part of Mexico was 
pending, which appointment the president of the supreme court of 
justice did not make on account of the temporary character of his 
government, the present President has decided to choose anew the 
same two gentlemen who had already been appointed — Don Ber- 
nardo Conto and Don Miguel Atristain; and Don Jose Joaquin Her- 
rera and Don Ignacio Mora y Villamil not having it in their power 
to continue upon the commission — the first in consequence of being 
seriously ill, and the second in consequence of being appointed mi- 
nister of war — Don Manuel Rincon and Don Luis Gonzaga Cuevas 
have been appointed instead of those two individuals, and have 
been duly informed thereof by the undersigned. 

But as those gentlemen are in different parts of the republic, al- 
though not very far from this city, they have been requested to 
repair hither forthwith, to receive their appropriate instructions; 
and, when received, they will communicate with his excellency Mr. 
Trist, in order that, upon proper conditions, the conferences which 
remain pending may be continued, and may lead to the happy re- 
sult of an honorable and useful peace. 

The undersigned sincerely unites his desires to those of his ex- 
cellency Mr. Trist, that the powers conferred may not be vain or 
useless; and, with that view, he has the satisfaction of offering to 
his excellency the assurances of his very distinguished considera- 
tion. 

MANUEL DE LA PENA Y PENA. 



Mr. Trist to Mr. Pena y Pena. 

Mexico, November 24, 1847. 

The undersigned has the honor to acknowledge the receipt of the 
note, under date the 22d instant, of his excellency Don Manuel de 
la Pena y Pena, minister of relations of the Mexican government, 
acquainting him of the appointment of the commissioners therein 
named, to negotiate for the restoration of peace. The undersigned 
regrets to say, in reply, that the powers conferred upon him for 
that purpose have been revoked, and that, agreeably to the instruc- 



[52] 



100 



tions received by him, he is under the necessity of returning, with- 
out delay, to the United States. At the same time, he has been 
instructed to say that any communication from the Mexican gov- 
ernment, having for its object the opening of negotiations or the 
restoration of peace, will be immediately transmitted by Hie com- 
manding general of the United States forces in this republic, to 
Washington, where it will receive the prompt consideration of the 
President. 

The undersigned still cherishes, therefore, the hope that the sig- 
nature of the treaty, which has been reserved for another hand than 
his, is destined to take place at an early day. In this hope, he ten- 
ders, &c., &c. 

N. P. TRIST. 

To his excellency Don Manuel de la Pena y Pena, 

Minister of Relations of the Mexican government. 



Mr. Trist to a confidential friend at Queretaro. 

[confidential.] Mexico, December 4, 1847. 

My dear Mr. : This letter will occasion you great sur- 
prise, but no greater than I should myself have experienced a few 
hours ago, had a seer, in whose prophetic powers I put faith, fore- 
told to me that I was to write it. Down to that moment, I have, 
from the time when I last wrote to you, considered it as a thing 
fixed and unchangeable — as absolutely fixed as any thing can be — 
that the treaty of peace, which I yet hoped might take place at an 
early day, was not to be signed by my hand. True, every time the 
subject presented itself to my mind, my fears had become greater and 
greater that the opportunity would be lost. The critical* position 
of the peace party — whose difficulties and whose peril, as we fully 
know, cannot but augment with every revolving hour, until their 
object shall have been consummated — had seldom been absent from 
my thoughts; and every time it occurred to me, I became more and 
more deeply and anxiously impressed with the probability that, 
through mere delay, through the mere loss of a few weeks, all their 
efforts were to prove vain; that the incessant exertions, the inde- 
fatigable industry, and the patriotic courage on their part, by which 
the present state of things has been brought about, were, after all, 
to result in nothing; nay, in something far worse than nothing: 
their own entire prostration and dissolution, through flat despair 
and death to the sentiment of peace, in every bosom which has 
cherished it. Still, although this has constantly been the state of 
my mind on the subject, I have never, until a few hours ago, for 
an instant wavered from the determination expressed in my reply to 
your letter; never once conceived the possibility of a change in that 
determination. So convinced had all become, that it was fixed, be- 
yond the possibility of change, that all entreaties and arguments 
to move me had long ceased. Nevertheless, it now stands reversed. 



101 [ 52 ] 

For good or for evil, this reversal has occurred, and has been made 
known in the proper quarter. I am now resolved, and committed, 
to carry home with me a treaty of peace, if the Mexican govern- 
ment feel strong enough to venture upon making one on the basis, 
as regards boundary, of the projet originally presented by me, 
modified according to the memorandum which I subsequently gave 
to one of the commissioners: that is to say, running'up the middle 
of the Rio Bravo from its mouth to the thirty-second degree of lati- 
tude, and thence along that parallel to the Pacific ocean; with free 
access to and from the ocean, through the gulf of California, from 
and to our possessions. 

If they feel able to make and carry through a treaty on this basis, 
it would be utterly idle to talk or to think for an instant of any 
other, and I cannot listen to a single word on the subject: let thera 
say the word, and the treaty shall be made. 

If they do not feel thus able, let them surrender at once to the 
Puros, and dismiss forever all thought of a treaty; for it is the best 
chance that Mexico can have for one equally favorable to her, or 
indeed for one which any party in this country can accept. I am 
fully persuaded that its terms would not, by any means, meet the 
views now entertained by my government. So decided is my belief , 
on this point, that even if I were clothed with discretionary powers 
to make any treaty which I deemed compatible with those views, I 
could not consistently with this limitation offer the terms I now 
propose; and I should not now make the offer "but for my clear and 
perfect conviction on these three points: First. That peace is still 
the desire of my government. Secondly. That if the present oppor- 
tunity be not seized at once, all chance for making a treaty at all 
will be lost for an indefinite period — probably forever. Thirdly. 
That this is the utmost point to which the Mexican government 
can, by any possibility, venture. 

It is my conviction on the second of these points particularly — 
a conviction which has been becoming clearer and stronger evf ry 
day for the last fortnight — that causes me to depart from the de- 
termination I had taken; a determination which, in any other posi- 
tion than the one wherein this most extraordinary, this altogether 
unprecedented combination of circumstances, places me with refer- 
ence to the known wishes of my government and country — places, 
indeed, that very country itself — it would be so obviously my duty 
to allow nothing to shake. In my last despatch home I represented 
the nature of the crisis, and recommended the immediate appoint- 
ment of a commission. I then hoped that this step might be taken 
in time. I then considered that whether it should or should not so 
turn out, and whatever might be the consequences of its turn- 
ing out otherwise, I had nothing, to do but to close my eyes to those 
consequences; for they had passed entirely beyond my control. I 
did so close my eyes, and I believed for the moment that the sub- 
ject was dismissed forever from my thoughts. But ever since then, 
the hope that the step referred to can be taken ere it will be too 
Jate, has been becoming fainter and fainter every day; and as it has 
thus waned, so have the consequences presented themselves under 



[52] 



102 



a more and more threatening and disheartening aspect, as they 
loomed up through the dim future in their as yet indistinct and ill- 
defined character, but plainly incalculable immensity. 

Thus has the question whxh your letter had raised in my mind, 
and which, on concluding my reply, I had considered as dismissed 
for once and all, again come up, and brought itself home to me. 
What is my line of duty to my government and my country, in this 
most extraordinary position in which I find myself? Knowing, as 
I do, that peace is the earnest wish of both, is it, can it be my duty 
to allow this last chance for peace to be lost, by my conforming to 
a determination of that government, taken with reference to a sup- 
posed state of things in this country entirely the reverse of that 
which actually exists? Upon full reflection, I have come to the 
conclusion that my duty'is, to pursue the opposite course; and upon 
this conclusion I have taken my stand. It remains to be seen 
whether the Mexican government can come up to the ma>k, and 
give effect to my resolve. u JYow or never' 1 '' is the word; and I need 
not say to you that this word is uttered in all sincerity, and with 
as total an absence of all diplomatic reserves behind it as ever oc- 
curred in the most solemn vow pronounced by man. I have had 
no new instructions, no hint of any kind from Washington or else- 
where, in or out of the United States. The case stands in this re- 
spect precisely as when we parted. 

I am, &c.j 

N. P. TRIST. 



Mr. Trist to Mr. Buchanan. 

[No. 28.] Head-quarters or the U. S. Army, 

Mexico^ February 2, 1848. 

•Sir: I transmit herewith the treaty of peace, friendship, limits, 
and settlement, signed one hour ago at the city of Guadalupe; a 
spot which, agreeably to the creed of this country, is the most sa- 
cred on earth, as being the scene of the miraculous appearance of 
the Virgin, for the purpose of declaring that Mexico was taken 
under her special protection. 

During the negotiation — which has been an exceedingly laborious 
one, and has kept me closely employed for several weeks past, 
during every day and night, for ,as many hours as I could possibly 
give to labor — I have written many notes which would serve as an 
explanation of the treaty in all its stipulations; and I have also 
written a long despatch on the subject. But it has proved impos- 
sible for me to find time to copy these papers, or to get them copied, 
for transmission. They will go some days hence with the dupli- 
cate of the treaty. Meanwhile, this must speak for itself. 

It will be delivered to you by Mr. James L. Freaner, the corres- 
pondent of the New Orleans Delta, who has given such celebrity 
to the signature of "Mustang." For a service of this kind he 
would be my first choice, by far, of all the men whom I have ever 



103 [ 52 ] 

known; as he would be among the first for any service which a man 
may be qualified for by high integrity of character, strong, manly 
gpod sense, extraordinary sagacity and presence of mind, perfect 
fearlessness, and many other noble qualities; all united with a frame 
of steel, and the sinews of a mountain deer. He had made his ar- 
rangements for leaving this place, on his return to the United States, 
with the train which I had myself intended to accompany, and 
which set out*from hence on the 9th of December last. Aware of 
his great value in such a capacity, at a juncture like the present, 
when the loss of a single hour might be attended with consequences 
the most momentous, I obtained his consent to remain here, with a 
view to the contingency which has occurred. I consider him, there- 
fore, as having been in the employment of the government as a spe- 
cial bearer of despatches, from the 9th of December. As generous 
and disinterested in his disposition as he is brave and upright, he 
would be perfectly content with the consciousness of having been 
useful to our country, without any other reward; but I have told 
him that I should insist upon this matter being placed upon the 
footing just stated. 

With respect to the ratification of the treaty, I believe the chances 
to be very greatly in its favor; although it cannot be counted upon 
in less than two months from the date of the proclamation which 
will be issued by the executive, summoning the new Congress. The 
elections have not yet been held in the States of Vera Cruz and 
Puebla. In the former the Puros (war party) never had any strength 
whatever; and in the latter not enough to Counteract a vigorous 
and concerted effort on the part of the Moderados. These elec- 
tions will now speedily take place under the arrangements for fa- 
cilitating them which will be entered into in pursuance of the sec- 
ond article of the treaty, (inserted with a special view to this ob- 
ject;) and the result will, according to every probability, give to 
the peace party in Congress a preponderance so decided as to in- 
sure its prompt ratification. 

I am, sir, very respectfully, your obedient servant, 

' ' * N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



30th Congress, > £x [CONFIDENTIAL.] 

1st Session. 



MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 



COMMUNICATING 



A letter from JV*. P. Trist, with authenticated maps connected with 
the treaty with Mexico. 



March 7, 1848. 

Read. 



To the Senate of the United States: 

I lay before the Senate a letter of the 12th of February, 1848, 
from N. P. Trist, together with the authenticated map of the Uni- 
ted Mexican States, and of the plan of the port of San Diego, re- 
ferred to in the fifth article of the "treaty of peace, friendship, 
limits and settlement between the United States of America and 
the Mexican republic;" which treaty was transmitted to the Senate 
with my message of the 22d ultimo. 

JAMES K. POLK. 

Washington, March 7, 1848. 



[Original received at the Department of State 6th March, 1848.] 
Mr. Trist to Mr. Buchanan. 

[No. 29.] Head-quarters, U. S. Army, 

Mexico, February 12, 1848. 

Sir: I transmit, herewith, the maps referred to in the fifth article 
of the treaty of peace, friendship, limits, and settlement between 
the United States and the Mexican republic, which was signed in 
quintupiicate on the 2d instant, and despatched immediately after. 
The duplicate of the treaty was transmitted on the 9th, together 
with my despatch No. 27, which had been written in the days im- 
mediately preceding the signature of the treaty, but which it had 
proved impossible for me to get copied out for transmission, or to 
find time for copying myself. The same remark still applies to 
enclosures A and B of No. 27, although it went accompanied by its 
enclosure C. 



105 [ 52 ] 

I take great pleasure in stating, that the probabilities of the rati- 
fication of the treaty by Mexico, which were previously very good, 
have been becoming stronger and stronger every hour for several 
days past, and that there is good reason to believe that it may take 
place within two months from its date. 

In the accompanying "Monitor Republicano," of the 11th in- 
stant, will be found the circular of the Minister of Relations to the 
governors of States, informing them of the signature of the treaty. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



30th Congress, i [ CONFIDENTIAL. ] 

1st Session. ( Ex. 



MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 

' IN ANSWER 

To the resolution of the Senate of the 8th instant, in relation to the 
terms of 'the authority given to Mr. Trist to draw the three mil- 
lions of dollars. 



March 9, 1848. 
Read. 



To the Senate of the United States: 

In answer to the resolution of the Senate of this date, requesting 
the President " to inform the Senate of the terms of the authority 
given to Mr. Trist to draw for the three millions of dollars author- 
ized by the act of the 2d of March, 1847," I communicate herewith 
a report from the Secretary of State, with the accompanying docu- 
ments, which contain the information called for. 

JAMES K. POLK. 

Washington, March 8, 1848. 



Department of State, 

Washington, March 8, 1848. 

Sir: The Secretary of State, to whom was referred the resolu- 
tion of the Senate of this date, requesting the President to " inform 
the Senate of the terms of the authority given to Mr. Trist to draw 
for the three millions of dollars authorized by the act of the 2d of 
March, 1847," has the honor to lay before the President the papers 
specified in the subjoined list, which contain all the information 
upon the subject of the resolution that can be furnished by this de- 
partment. 

Respectfully submitted, 

JAMES BUCHANAN. 

To the President of the United States. 



107 [ 52 ] 

LIST. 



Mr. Buchanan to Mr. Walker, 15th April, 1847. 
Mr. Walker to Mr. Buchanan, 15th April, 1847. 
Mr. Walker to Mr. Trist, 15th April, 1847. 
Mr. Buchanan to Mr. Walker, 23d February, 1848. 
Mr. Walker to Mr. Buchanan, 23d February, 1848. 
Mr. Walker to General Batler, 23d February, 1848. 



Mr. Buchanan to Mr. Walker. 

Department or State, 

Washington^ April 15, 1847. 

Sir: The President, as you are aware, has appointed Nicholas P. 
Trist, esquire, commissioner to conclude a treaty of peace with 
Mexico, who will immediately proceed upon his mission. As it 
may become necessary for him whilst abroad to draw upon the 
treasury, in favor of the Mexican government, for the whole or a 
part of the sum of three millions of dollars appropriated by the act 
of Congress approved March 3, 1847, entitled "An act making fur- 
ther appropriation to bring the existing war with Mexico to a 
speedy and honorable conclusion," I deem it expedient that he 
should carry with him some testimonial from yourself, to show that 
his draft will be honored. I would thank you, therefore, to pre- 
pare and transmit to me such a testimonial. 

Yours, very respectfully, 

JAMES BUCHANAN 

Hon. Robert J. Walker, 

Secretary of the Treasury. 



Mr. Walker to Mr. Buchanan. 

Treasury Department, April 15, 1847. 

Sir: I have the honor to acknowledge the receipt of your com- 
munication of .this date; and, in compliance with your request, the 
testimonial from this department for Mr. Trist, desired by you, is 
herewith transmitted. 

Yours, very respectfully, 

R. J. WALKER, 
Secretary of the Treasury. 
Hon. James Buchanan, 

Secretary of'State. 



[52] 108 

Mr Walk* to Mr, hist. 

TREASti uv D&P m; imknt, 

Wi i 1847. 

Siu: In the event of yoilr concluding i treaty of peace and limits 
with the government of Mexico, in conformity with your instruc- 
tions of this date from the Hon. James Buchanan, Secretary of State 
of the United States of America, and the ratification of such treaty 
by the government o Mexico, you are authorised to draw upon the 
S retary of the Treasury of the United States of America for any 
sum not exceeding three millions of dollars, to be paid under your 
instructions aforesaid, given in pursuance of the provisions o( the 
act of Congress of the 3d March, iSiT, entitled "An act making 
further appropriation to bring the existing war with Mexico to a 

speedy ami honorable conclusion." 

Very respectfully, your obedient servant, 
SttloJ ( -...v i K. J. W A.LKER, 

Depwtmwi s jj tc , iswry* 

Nu-uoi vs F Trist, Esq., 

Coi fc. 



Walker. 
Department of State. 

W ■ ,: -: 23, IS IS. 

Sir: On the 15th April last, upon my request, you furnished Nich- 
olas P. Tris . esqui e, the late commissioner to Mexico, an author- 
ity to draw upon you for three millions of dollars, in pursuance of 
the provisions of the act of Congress of 3d March, IS 17, entitled 
" An act making further appropriation to bring the existing war 
with Mexico to a speedy and honorable conclusion." As Mr. Trist 
has been recalled from his mission, and consequently his power has 
ceased to draw any Such draft, 1 respectfully request that you would 
confer a similar authority upon Major General William O. Butler 
to draw upon the treasury of the United States for the sum of three 
millions of dollars, in pursuance oi the provisions of said act. 
Tours, vcv;. 5] '.fully. 



Hon. Robert .' . Walker, 

sv. 



JAMES BUCHANAN. 



Mr, Wei 

T B E A S V K V P V" P A R r M V N I . 

Fei 83, 1848, 

Sir: I have the honor to acknowledge the receipt of your com- 
munication oi this d d, in compliance with your request, the 



109 { [52] 

monial from thi§ department for Genera] William O. ii «j t. J e r , 
■ ed by you, 11 herewith tram m itted 

Yours, rei v respectfully, 

a. J. WALKER. 
Hon. James Bi - 

Secretary of Slat a. 



Mr. Walket to General Butler. 

Tbi Di srij 

Washington City, February 23, I 

Sii<: Upon the ratification of a treaty of peace bytt >lieof 

Mexico, m conformity with the pro of the act of the Con- 

gress of the United States of America, approved March 3, L847, en- 
titled "An act making furthei appropriation to bring I ing 
war with Mexico t< dy and honorable conclusion," you are 
authorized u > draw on this dep: foi any sum not exceeding 
three millions of dollars, to be paid in pursuance of the provision 
of said act. 

Very respectfully, your obedienl s< 

[l, s.j R. J. WALKER, 

» V e c r e tf a r y '(/ I h ^ 7 V e a ; u r y , 

To Major General William O. Butleb.. 



30th Congress, ) ^ x [CONFIDENTIAL.] 
1st Session. \ 



MESSAGE 

FEOM THE 

PRESIDENT OF THE UNITED STATES, 

COMMUNICATING 

Certain correspondence of JV\ P. Trist and General Scott, relative 
to affairs with Mexico, in answer to the resolution of the Senate of 
the 28th of February, 1848. 



February 29, 1848. 
Read, and with the documents ordered to be printed in confidence for the use of the Senate. 



[confidential.] 

To the Senate of the United States: 

In compliance with the resolution of the Senate, passed in " ex- 
ecutive session" on yesterday, requesting the President " to com- 
municate to the Senate in confidence the entire correspondence be- 
tween Mr. Trist and the Mexican commissioners, from the time of 
his arrival in Mexico until the time of the negotiation of the treaty 
submitted to the Senate; and also the entire correspondence between 
Mr. Trist and the Secretary of State, in relation to his negotiations 
with the Mexican commissioners; also, all the correspondence be- 
tween General Scott and the government, and between General 
Scott and Mr. Trist, since the arrival of Mr. Trist in Mexico, 
which may be in the possession of the government," I transmit 
herewith the correspondence called for. These documents are very 
voluminous, and presuming that the Senate desired them in refer- 
ence to early action on the treaty with Mexico, submitted to the 
consideration of that body by my message of the 22d instant, the 
originals of several of the letters of Mr. Trist are herewith com- 
municated, in order to save the time which would necessarily be 
required to make copies of them. These original letters it is re- 
quested may be returned when the Senate shall have no further use 
for them. 

The letters of Mr. Trist to the Secretary of State, and especially 
such of them as bear date subsequent to the receipt by him of his 
letter of recall as commissioner, it will be perceived, contain much 
matter that is impertinent, irrelevant, and highly exceptionable. 
Four of these letters, bearing date respectively the 29th December, 



Ill [ 52 ] 

1847, January 12, January 22, and January 25, 1848, have been re- 
ceived since the treaty was submitted to the Senate. In the latter, 
it is stated that the Mexican commissioners who signed the treaty 
derived "their full powers bearing date on the 30th December, 1847, 
from the President ad interim of the republic, (General Anaya,) 
constitutionally elected to that office in November by the sovereign 
constituent Congress" of Mexico. It is impossible that I can ap- 
prove the conduct of Mr. Trist in disobeying the positive orders of 
his government, contained in 'the letter recalling him, or do other- 
wise than condemn much of the matter with which he has chosen 
to encumber his voluminous correspondence. Though all of his 
acts, since his recall, might have been disavowed by his govern- 
ment, yet Mexico can take no such exception. The treaty which 
the Mexican commissioners have negotiated with him, with a full 
knowledge on their part that he had been recalled from his mis- 
sion is binding on Mexico. 

Looking at the actual condition of Mexico, and believing that, if 
the present treaty be rejected, the war will probably be continued, 
at great expense of life and treasure, for an indefinite period, and 
considering that the terms, with the exceptions mentioned in my 
message of the 22d instant, conformed substantially, so far as re- 
lates to the main question of boundary, to those authorized by me 
in April last, I considered it to be my solemn duty to the country, 
uninfluenced by the exceptionable conduct of Mr. Trist, to submit 
the treaty to the Senate, with a recommendation that it be ratified 
with the modifications suggested. 

Nothing contained in the letters received from Mr. Trist since it 
was submitted to the Senate has changed my opinion on the subject. 

The resolution also calls for " all the correspondence between Gen- 
eral Scott and the government since the arrival of Mr. Trist in Mex- 
ico." A portion of that correspondence, relating to Mr. Trist and 
his mission, accompanies this communication. The remainder of 
the "correspondence between General Scott and the government" 
relates mainly, if not exclusively, to military operations. A part of 
it was communicated to Congress with my annual message, and the 
whole of it will be sent to the Senate if it shall be desired by that 
body. 

As coming within the purview of the resolution, I also commu- 
nicate copies of the letters of the Secretary of War to Major Gen- 
eral Butler, in reference to Mr. Trist's remaining at the head- 
quarters of the army in the assumed exercise of his powers of 
commissioner. 

JAMES K. POLK. 

Washington, February 29, 1848. 



Department of State, 

Washington , February 29, 1848. 

Sir: I herewith transmit to you the originals of all the despatches 
which have ever been received at the department from Mr. Trist, 



[ 52 ] 112 

since he was appointed commissioner to Mexico. They were too 
voluminous to have copies made in any reasonable time. I also 
transmit you copies of all the despatches which I ever transmitted 
to Mr. Trist since his appointment, except of those which were 
submitted by you to the Senate with the treaty, and which have 
already been printed in confidence. I ought, perhaps, to make an- 
other exception of a letter of mine to him, dated on the 21st Decem- 
ber last, making an inquiry of him which has not yet been answered, 
which, until it shall be answered, ought not, in justice to him, to 
be communicated. That inquiry, as you know, has no relation to 
the treaty. 

Yours, very respectfully, 

JAMES BUCHANAN. 
To the President of the United States. 



Mr. Buchanan to Mr. Trist. 

[No. 2] Department or State, 

Washington, June 14, 1847. 

Sir: Your despatch of the 21st ultimo, which you have numbered 
4, was received on the 3d instant. None of a later date from you 
has yet come to hand. 

The original letter from General Scott to yourself, dated at Ja- 
lapa, May 7, 1847, which you have transmitted with your despatch, 
is certainly of a most extraordinary character. It was well calcu- 
lated to wound your feelings and excite your indignation. This 
letter, surely, never would have beenwritten had he awaited your 
arrival at his headquarters, and read the instructions and the projet 
of a treaty with Mexico, which you were authorized to communicate 
to him confidentially. The perusal of these documents must have 
put to flight the unfounded suspicions in regard to your mission 
which seem to have preoccupied his mind and influenced his con- 
duct. 

You were intrusted with no further agency in regard to my com- 
munication of the 15th April last, addressed to the Mexican minis- 
ter for foreign relations, after it was placed in the hands of Gene- 
ral Scott. Your whole duty respecting it was then performed. If 
he has either refused or neglected to transmit that important docu- 
ment to the minister to whom it was directed, and thus violated a 
military order of the President, issued to him through the Depart- 
ment of War, he has incurred a heavy responsibility; but for this 
he is neither answerable to the Department of State nor the com- 
missioner to Mexico. The question belongs exclusively to the mili- 
tary branch of the government. 

You might safely have relied upon the government here for the 
vindication of your character and conduct. Indeed, General Scott's 
letter to you had, upon its face, placed him so clearly in the wrong, 
that no commentary upon it, however able, which you may have 
written, can hive mode the case plainer. Some days before the 



113 [ 52 ] 

arrival of your despatch, the War Department had received a des- 
patch from the general enclosing a copy of his letter to you; and a 
judicious and appropriate answer, dated on the 31st of May, was 
returned to him by the Secretary of War. 

Whilst our armies are in the country of the enemy, and our min- 
ister of peace is at the head-quarters of the commanding general, 
this is no time for personal altercations between them, if these can 
possibly be avoided. Under such circumstances, the greater the 
sacrifice of private griefs, however well founded, which you may 
make upon the altar of your country, the more will this redound to 
your honor hereafter. You have been despatched to Mexico by 
your government as a minister of peace; and to accomplish the great 
object of your mission, a hearty co-operation between the general 
and yourself may be indispensable. Under these considerations I 
am directed by the President, in case amicable relations shall not 
in the meantime have been restored, to instruct you to call upon 
General Scott and offer to communicate to him, confidentially, the 
instructions and the projet of a treaty with which you have been 
intrusted, and to report to this department without delay the cir- 
cumstances and result of your interview. 

Governor Marcy has again written to General Scott by the mes- 
senger who will bear you this despatch. 

Enclosed I transmit you a copy of the orders issued on the 11th 
instant, by the President, to the Secretaries of War and of the Navy, 
upon the report of the Secretary of the Treasury of the day pre- 
ceding, in relation to the Mexican tariff. From these you will 
perceive it has been announced to the world that the government 
intend to provide, by the treaty with Mexico, that goods imported 
into any of the ports of that country whilst in our military posses- 
sion, shall be exempt from any new import duty or charge after the 
conclusion of peace. This will render it necessary for you to insist 
upon the insertion of the ninth article of the projet of the treaty. 
Indeed, you may consider this as a sine qua non. : 

Yours, very respectfully, 

JAMES BUCHANAN. 

N. P. Trist, #c, #c, Sfc. 



Mr. Buchanan to Mr. Trist. ' 

[No. 3.] Department of State, 

Washington, July 13, 1847. \ 

Sir: A duplicate of your No. 4, dated 21st of May, 1847, to- 
gether with a copy of the first ten pages of your letter to General 
Scott of the 9th of May, and of your letter to him of the 20th of 
May, was received at the department on the 28th ultimo. Your 
No. 6, of the 3d of June, 1847, was also received on the 29th ulti- 
mo; but your No. 5, (if indeed there be such a number) has not yet 
come to hand. It is much to* be regretted that you could not have 

8 



[ 52 ] 114 

found time to prepare and transmit copies of your letters to General 
Scott of the 9th and20th of May, with the original of your despatch, 
No. 4. In that event they would h*ve been received nearly a month 
earlier; and even now we have only a part of your letter to him of 
the 9th of May. General Scott's answer to these letters, dated at 
Pueblo on the 29th of May, has been received at the War Depart- 
ment, from which I have obtained a copy. 

These documents have produced feelings of deep mortification 
and disappointment in the mind of the President. It is lamentable 
to reflect that the restoration of p. ace may have been defeated or 
delayed by a violent and embittered personal quarrel between two 
functionaries of the government in the enemy's country, and whilst 
the war is raging. 

You do not seem sufficiently to have reflected that you were en- 
trusted with no power whatever over the disposition of my communi- 
cation of the 15th of April last, to the Mexican minister for foreign 
affairs, except that of a mere bearer of despatches. After it had 
reached the hands of General Scott, your agency in regard to it 
should have terminated, and ought never to have been resumed. 
His refusal or omission to forward that communication to the place 
of its destination, in obedience to the military order of the Presi- 
dent through the Secretary of War, was a question in no manner 
connected with your mission. It was therefore, with regret that 
the President discovered from your letter to the general of the 20th 
of May, that you had consented to take back this communicatioji 
from his possession, and to assume a discretion which had not been 
delegated, in regard to the appropriate time for forwarding it to 
the Mexican minister for foreign affairs. You say to the general 
that, "so soon as I shall be enabled to ascertain that the condition 
of the government of this country is such as to admitof its delivery, 
it will be again placed in the hands of the general-in-chief of our 
forces for that purpose." 

You have thus done much to relieve General Scott from the re- 
sponsibility of disobeying the order communicated to him through 
the Secretary of War; and have, in effect, without any authority, 
undertaken to decide that it was not proper, under existing circum- 
stances, to transmit my letter to the Mexican minister for foreign 
affairs. In this decision the President cannot concur. That letter 
"was an answer to the letter of Mr. Monasterio to myself, dated on 
the 22d of February last, and was required, not only by courtesy, 
but the highest public considerations. Its immediate delivery to 
the Mexican minister for foreign affairs could have done no possi- 
ble harm, and might have been productive of much positive good. 
Indeed, had it reached its destination soon after the victory of 
Cerro Gordo, from the state of public feeling then existing in the city 
of Mexico, it might and probably would have been productive of the 
happiest consequences. But, whether or not, the time of its de- 
livery was a question not left to your discretion. 

The greatest pains were taken, in framing your instructions, to 
prevent all possible interference on your part with the appropxiate 
military duties of General Scott. It was partly to convince him of 



115 [ 52 ] 

this fact that you were authorized to exhibit these instructions to 
him, together with the projet of the treaty. Your authority, so far 
as he was concerned, was limited to the single point of giving him 
notice that the contingency had occurred, to wit, the ratification of 
the treaty by the Mexican government, " on the happening of which, 
as provided by the third article, hostilities are required to be sus- 
pended." The ratification of such a treaty by Mexico, according 
to the spirit of the act of Congress of the 3d of March, 1847, 
^'making further appropriation to bring the existing war with Mexi- 
co to a Speedy and honorable conclusion," was to be the signal for 
the termination of hostilities. As the negotiator of the treaty, from 
his position, must necessarily be first informed of this event, he was 
required "without delay to communicate the fact to the comman- 
ders of our land and naval forces respectively." All the rest was 
left to the instructions issued by the Secretaries of War and of the 
Navy to our military and naval commanders. Up to this last mo- 
ment your duties were wholly unconnected with General Scott, and 
then they were limited to a mere official communication, that the 
Mexican government had concluded and ratified a treaty of peace 
with the United States. 

Under these circumstances, it was with deep regret that the Pre- 
sident learned, from your letter to the general of the 20th of May, 
that you had undertaken, in his name, to become the medium of 
giving to that officer an order in advance, to be executed when you 
should think proper again to deliver into his hands my communica- 
tion to the Mexican minister for foreign affairs; and, to enforce 
obedience to this order, you declare that, for this special purpose, 
you stand in precisely the same relation to the President that one 
of his aids-de-camp bears to himself, when entrusted with a verbal 
order from him to his subordinate officer. 

It is a most disagreeable task thus to criticise your conduct. 
General Scott, by his letter to you of the 7th of May last, had placed 
himself clearly in the wrong. Whether any pretext existed for 
writing such a letter — justification he could have had none — can only 
appear from your letter to him of the 6th of May, to which his was 
a response. It is therefore much to be regretted that you have kept 
no copy of this letter, which has now become so important, and the 
general has not furnished the War Department with a copy. 

I purposely forbear to express any opinion of your reply to Gen. 
Scott of the 9th of May, until I shall have an entire copy of it 
before me; and his rejoinder to you of the 29th of May, I leave in 
the hands of the Secretary of War, to whom he is directly respon- 
sible. 

Your mission was a mere precautionary measure. In the then 
existing relations between the two countries the President could not 
have appointed public commissioners to treat with Mexico, because 
it was morally certain they would not be received. At the same 
time it was foreseen that in the progress of our arms a favorable 
juncture might occur for the conclusion of a treaty, which, if not 
seized at the moment, might not again speedily return. The Pre- 
sident would have been inexcusable had he not provided for such 



[52] 



116 



a contingency. For this purpose you were employed as a confiden- 
tial agent, to proceed to the head-quarters of the army with the 
projet of a treaty already prepared; and in case the Mexican govern- 
ment should refuse to conclude this treaty, you were authorized to 
make the necessary preliminary arrangements for the meeting of 
commissioners. It was almost essential to the success of your mis- 
sion, that you should cultivate a good understanding with the com- 
mander-in-chief of the army. It was, therefore, unfortunate that 
you had not in person delivered to him the despatches with which 
you were entrusted, and at the same time made him fully acquainted 
with the character and objects of your mission, as well as with the 
nature of my communication to the Mexican minister of foreign 
affairs. For these reasons, therefore, although the letter of General 
Scott was well calculated to irritate your feelings and excite your 
indignation, you would have best performed your duty to your 
country had you stifled your resentment, and entrusted your vindi- 
cation to the Secretary of War, acting under the order of the Pre- 
sident. Indeed, for this purpose the letter required no studied 
reply. It is on its face the production of unfounded jealousy, 
which the author's own sober reflection, if left to itself, would most 
probably have corrected. 

The President trusts that ere this, in obedience to my instructions 
of the 14th ultimo, (of which I now transmit you a duplicate,) you 
have called upon General Scott and communicated to him the 
instructions and projet of a treaty with which you have been 
entrusted, and that even if friendly relations have not been restored, 
neither you nor he will suffer your personal feud to defeat or to 
delay the conclusion of a treaty of peace with Mexico. 

According to the suggestion in your despatch No. 6, you are au- 
thorized to modify the boundary contained in your instructions so 
as to make it read, " up the middle of the Rio Grande to the thirty- 
second degree of north latitude;, thence due west to a point due 
south of the south-western angle of New Mexico; thence due north 
to the said angle; thence northward along the western line of New 
Mexico," &c, &c, &c. This modification, which would embrace 
the Paso del Norte within the limits of the United States, is deemed 
important; still you are not to consider it as a sine qua non, nor 
suffer it to delay the conclusion of a treaty. 

I would suggest another and more important modification of the 
line: and this is, to run it along the thirty-second parallel of north 
latitude, from the Rio Grande to the middle of the gulf of Califor- 
nia, and thence down the middle of the gulf to the Pacific ocean; 
or, if this cannot be obtained, to run it due west from the south- 
west angle of New Mexico to the middle of the gulf. Either of 
these line's would include within our limits the whole course of the 
Gila. From information derived from Major Emory, the valley of 
that river presents a favorable route for a railroad to the Pacific; 
"but this would sometimes, pass on the one side and sometimes on 
the other of the bed of the stream. For this reason it is deemed 
important that the whole valley of that river should be included 
within the boundary of the United States. You are therefore au- 



117 [ 52 ] 

tborized and instructed to make the first, or, if this cannot be ob- 
tained, the second modification above suggested, in the line; but 
still with the understanding that neither of these two changes is to 
be considered as a sine qua non, nor is it to delay the conclusion of 
a treaty. 

In case Lower California cannot be obtained, then the line might 
be run on the parallel of thirty-two degrees, or due west from the 
southwest corner of New Mexico to the Pacific ocean. If the latter 
line should be adopted, care must be taken that San Miguel shall be 
included within our limits. 

Yours, very respectfully, 

JAMES BUCHANAN. 

To N. P. Trist, Esq., #c, #c, fyc. 



Mr. Buchanan to Mr. Trist. 

[No. 4.] , Department of State, 

Washington, July 19, 1847. 

Sir: I enclose you a duplicate of my despatch No. 3, of the 13th 
instant. 

The more I reflect upon the subject, the better am I convinced of 
the importance of running the boundary line between the Rio 
Grande and the gulf of California along the thirty-second parallel 
of north latitude. We cannot learn that the boundaries of New 
Mexico have ever been authoritatively and specifically determined; 
and difficulties might hereafter arise between the two governments 
in ascertaining where the south-western angle of New Mexico is 
situated. A conversation with Major Emory since the date of my 
last despatch has convinced me still more of the importance of this 
modification. 

You will, therefore, in the copy of the projet of a treaty which 
you are instructed to present to the Mexican plenipotentiary, if this 
be not too late, substitute the following instead of the fourth article: 

Article 4. — The boundary line between the two republics shall 
commence in the gulf of Mexico, three leagues from the land, oppo- 
site the mouth of the Rio Grande; from thence up the middle of that 
river to the thirty-second parallel of north latitude; from thence 
due west along this parallel of latitude to the middle of the gulf of 
California; thence down the middle of the same to the Pacific 
ocean. 

It is not intended that you shall make the parallel of 32°, instead 
of the river Gila, a sine qua non; but yet it is deemed of great im* 
portance that you should obtain this modification, if it be practi- 
cable. 

If Lower California cannot be obtained, then the line on the par- 
allel of 32 Q might be extended to the Pacific ocean; taking care, in 
that event, to secure to our citizens, in accordance with your ori- 
ginal instructions, "in all time to come, a free and uninterrupted 



[52] 



118 



access to and from the ocean through the gulf of California, from 
and to their possessions north of the said division line." 

Major Emory, whilst in California, has accurately ascertained the 
latitude of two important noints in that country. v The latitude of 
the town of San Diego is 32° 44' 59". The harbor is some miles 
south of the town. The latitude of the mouth of the Gila, where 
it empties into the Colorado, is 32° 43'. 

Your interesting and important despatch, No. 7, of the 13th June, 
was received at the department on the 15th instant. Although it 
had not been in the contemplation of the President to invoke the 
aid of the British minister in Mexico, for the purpose of forward- 
ing my communication to the Mexican minister for foreign affairs, 
yet the necessity of the case, under all the circumstances, consti- 
tutes a sufficient justification for your conduct. Indeed, it does not 
seem that you had any other mode of transmitting it, after the re- 
fusal of General Scott to perform this duty, in obedience to the 
order of the Secretary of War. 

The Secretary of War received last night an extra from the ll Re- 
publicano," of the date of 28th June, containing the letter of the 
Mexican minister for foreign affairs to the secretaries of the con- 
gress, my letter to that minister, and his answer. Your despatch 
No. 5, if such an one existed, has not yet reached the department. 
Yours, very respectfully, 

JAMES BUCHANAN. 

To N. P. Trist, Esq. 



War Department, 

Washington, February 29, 1848. 

Sir: I herewith transmit to you all the correspondence between 
Major General Scott and this department which has any relation to 
Mr. Trist's mission to Mexico as a commissioner, to his proceedings 
there, and to his recall; and also, three Jetters to Major General 
Butler on the same subject. 

I have the honor to be, with great respect, your obedient servant, 

W. L. MARCY, 
Secretary of War. 
To the President of the United States. 



[confidential.] War Department, 

Washington, Jipril 14, 1847. 

Sir: The signal successes which have attended our military ope- 
rations since the commencement of the present war, would seem to 
justify the expectation that Mexico will be disposed to offer fair 
terms of accommodation. With a view to a result so desira- 
ble, the President has commissioned Nicholas P. Trist, esq., of the 
State Department, to proceed to your head-quarters, or to the 



119 [ 52 ] 

squadron, as to him may seem most convenient, and be in readiness 
to receive any proposals which the enemy may see fit to make for 
the restoration of peace. 

Mr. Trist is clothed with such diplomatic powers as will author- 
ize him to enter into -arrangements with the government of Mex- 
ico for the suspension of hostilities. Should he make known to 
you, in writing, that the contingency has occurred in consequence 
of which the President is willing that further active military ope- 
rations should cease, you will regard such notice as a direction 
from the President to suspend them until further orders from the 
department, unless continued or recommenced by the enemy; but 
in so doing you will not retire from any place you may occupy, or 
abstain from any change of position which you may deem necessary 
to the health or safety of the troops under your command; unless, 
on consultation with Mr. Trist, a change in the position of your 
forces should be deemed necessary to the success of the negotiation 
for peace. Until hostilities, as herein proposed, shall be intermit- 
ted, you will continue to carry on your operations with energy, and 
push your advantages as far as your means will enable you to do. 

Mr. Trist is also the bearer of a despatch to the secretary of for- 
eign affairs of the government of Mexico, in reply to one addressed 
to the Secretary of State here. You will transmit that despatch to 
the commander of the Mexican forces, with a request that it may 
be laid before his government, at the same time giving information 
that Mr. Trist, an officer from our department for foreign affairs, 
next in rank to its chief, is at your head-quarters, or on board the 
squadron, as the case may be. 

You will afford Mr. Trist all the accommodation and facilities in 
your power, to enable him to accomplish the objects of his mission. 
Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 

Major General Winfield Scott, 

Commanding U. S. Army^ Mexico. 

P. S. — Should a suspension of hostilities take place, you will 
lose no time in communicating the fact to Major General Taylor. 



[No. 27. J Head-quarters of the Army, 

Jalapa, May 7, 1847. 

Sir: I have just received from Mr. Trist, chief clerk of the De- 
partment of State, a letter dated yesterday, at Vera Cruz, with 
which he has sent me two from you dated the 12th, and a third the 
14th ultimo. 

I enclose herewith a copy of my reply to Mr. Trist, and send one 
of your letters of the 12th — that relating to the custom-houses of 
Mexico — to Colonel Wilson, commanding at Vera Cruz, with in- 
structions that he send a copy to Colonel Gates, commanding at 



[52] 



120 



Tampico, in order that your instructions relative to the collection 
of duties at the two ports may be duly executed. 

I am too distant from the coast, and too much occupied with the 
business of the campaign, to charge myself with the execution of 
that letter. 

I have the honor to remain, sir, with respect, your most obedient 
servant, 

WINFIELD SCOTT. 

Hon. W. L. Marcy, Secretary of War. 



Head-quarters of the Army, 

Jalapa, May 7, 1847. 

Sir: I have just received your note of yesterday, accompanied 
by communications to me from the Secretary of War, and one 
(sealed!) from the Department of State to the minister of foreign 
affairs of the republic of Mexico. 

You are right in doubting whether there be a government, even 
de facto, in this republic. General Santa Anna, the nominal presi- 
dent, has been, until within a day or two, in the neighborhood of 
Oriziba, organizing bands of rancheros, banditti, or guerillas, to cut 
off stragglers of this army, and, probably, the very train, all im- 
portant to us, which you propose to accompany into the interior; 
the safety of which train has detained me here and caused me a 
high degree of solicitude. Hence I regret that Colonel Wilson, 
commanding at Vera Cruz, has allowed himself, a second time, to 
be persuaded to detach, to bring up despatches, (for your accommo- 
dation,) a material portion of the force I had relied upon as the 
escort of that train. The other detachment to which I allude came 
up some days ago to escort Lieutenant Semmes, of the navy, duly 
accredited by Commodore Perry, to the Mexican minister of for- 
eign affairs, to negotiate the exchange of Passed Midshipman 
Rogers, now a prisoner of war. That matter, also, seems to have 
been considered too important to be entrusted to my agency! 

But, to return to the actual government of Mexico. Senor An- 
aya is, I believe, president, ad interim. But you may have learned 
that the Congress, after hearing of the affair of Cerro Gordo, passed 
many violent decrees, breathing war, to the uttermost, against the 
United States; declaring that the executive has no power, and 
shall have none, to conclude a treaty, or even an armistice, with 
the United States, and denouncing as a traitor any Mexican func- 
tionary who shall entertain either proposition. I have communicated 
a copy of those decrees to the War Department, and, until further 
orders thereupon, or until a change of circumstances, I very much 
doubt w r hether I can so far commit the honor of my government as 
to take any direct agency in forwarding the sealed despatch you 
have sent me from the Secretary of State of the United States. 

On this delicate point, however, you will do as you please; and 
when, if able, I shall have advanced near to the capital, I may, at 



121 [ 52 ] 

your instance, lend an escort to your flag of truce; and it may re- 
quire a large fighting detachment to protect even a flag of truce 
against the rancheros and banditti who now infest the national road, 
all the way up to the capital. 

I see that the Secretary of War proposes to degrade me, by re- 
quiring that I, the commander of this army, shall defer to you, the 
chief clerk of the Department of State, the question of continuing 
or discontinuing hostilities. 

I beg to say to him and to you, that here, in the heart of a hostile 
country, from which, after a few weeks, it would be impossible to 
withdraw this army without a loss, probably, of half its numbers 
by the vomito, which army, from necessity, must soon become a 
self-sustaining machine, cutoff from all supplies and reinforcements 
from home until, perhaps, late in November — not to speak of the 
bad faith of the government and people of Mexico — I say, in re- 
ference to those critical circumstances, this army must take military 
security for its own safety. Hence, the question of an armistice or 
no armistice is, most peculiarly, a military question, appertaining, 
of necessity, s if not of universal right, in the absence of direct in- 
structions, to the commander of the invading forces; consequently, 
if you are not clothed with military rank over me, as well as with 
diplomatic functions, 1 shall demand, under the peculiar circum- 
stances, that, in your negotiations, if the enemy should entertain 
your overtures, you refer that question to me, and all the securities 
belonging to it. The safety of this army demands no less, and I 
am responsible for that safety, until duly superseded or recalled. 
Indeed, from the nature of the case, if the enemy, on your petition, 
should be willing to concede an armistice,' he would, no doubt, 
demand the military guaranty of my signature, for his own safety. 
' Should you, under the exposition of circumstances I have given, 
visit the moveable head-quarters of this army, I shall receive you 
with the respect due to a functionary of my government; but 
whether you would find me here, at Pe.rote, Puebla, or elsewhere, 
depends on events changeable at every moment. 

The sealed despatch from the Department of State I suppose you 
to desire me to hold until your arrival, or until I shall hear farther 
from you. 

I remain, sir, respectfully, your obedient servant, 

WINFIELD SCOTT. 

N. P. Trist, Esq., £c, #c, #c. 



War Department, May 31, 1847. 

Sir: I have received your letter of the 6th instant, with copies of 
instructions to Generals Worth and Quitman, and Colonel Wilson. 
By these I learn that the volunteers whose term of service is lim- 
ited to twelve months are on their return home. They have been 
discharged at an earlier period than was anticipated. The addi- 
tional troops for your column will soon be with it in sufficient num.- 



[ 52 ] 122 

i 

bers to supply, and more than supply, the place of the discharged 
volunteers. 

The reason for a temporary diversion of a part of these troops, 
of which you complain, has been explained, and I trust in a sat- 
isfactory manner, in a former communication from this department. 

I am gratified by the intelligence of your extended progress into 
the enemy's country, and hope that your successful operations will 
accelerate the conclusion of a peace. • 

Your course hitherto, in relation to prisoners of war, both men 
and officers, in discharging them on parole, has been liberal and 
kind; but whether it ought to be still longer continued, or in some 
respects changed, has been under the consideration of the Presi- 
dent, and he has directed me to communicate to you his views on 
the subject. He is not unaware of the great embarrassment their 
detention, or the sending of them to the United States, would oc- 
casion; but so far as relates to the officers, he thinks they should 
be detained until duly exchanged. In that case, it will probably 
be found expedient to send them, or most of them, to the United 
States. You will not, therefore, except for special reasons in par- 
ticular cases, discharge the officers who may be taken prisoners, 
but detain them with you, or send them to the United States, a& 
you shall deem most expedient. 

It is an unpleasant duty to advert, as I feel constrained to do, 
to your letter of the 7th instant, and more particularly to the 
copy of one of the same date, therewith enclosed, addressed by 
you to Mr. Trist. With me it is a matter of sincere regret that 
a letter of such an extraordinary character was sent to that gen- 
tleman; and I cannot doubt it will be' no less regretted by your- 
self on more reflection and better information. Such information 
you would have received had Mr. Trist delivered in person, as I did 
not doubt he would, my letter to you of the 14th instant, [ultimo,] 
with the despatch from the State Department to the Mexican Min- 
ister of Foreign Relations. My letter should have secured you 
from the strange mistake into which you have fallen, by regarding 
him as the bearer of that despatch to the Mexican government, 
and yourself called on to aid in transmitting it. Had such been 
the true state of the case, I cannot perceive that you would have 
had any just ground of complaint, or any sufficient excuse for with- 
holding the assistance required; but by looking at my letter you 
will discover your misapprehension. Mr. Trist was the bearer of 
that despatch to yourself — not to the Mexican government — and 
when he had delivered it into your hands his agency ceased; he 
had no discretion or judgment to exercise in regard to sending on 
or withholding it. This was a matter committed solely to your- 
self. I refer to the language of my letter, to show the entire 
correctness of this view of the subject: "You will transmit that 
despatch to the commander of the Mexican forces, with a request 
that it may be laid before his government, at the same time giv- 
ing information that Mr. Trist, an officer from our department for 
foreign affairs, next in rank to its chief, is at your head-quarters, 
or on board the squadron, as the case may be." This is a posi- 



123 [ 52 ] 

tive instruction to yourself to send that despatch forward; and it 
is expected you will have acted up">n it without waiting for the 
arrival of Mr. Trist at your head-quarters, if thereby any unneces- 
sary delay was likely to result. 

If you infer that the succeeding sentence in ray letter controlled, 
or in any manner qualified, the President's order in regard to for- 
warding that despatch, you have been led into an error. Mr. Trist 
was directed to exhibit to you not only his instructions, but the 
projet of a treaty with which he had been furnished by his gov- 
ernment. These documents would have fully disclosed to you 
"the object of his mission," for the accomplishment of which you 
were requested to afford facilities. None of these objects had re- 
lation to the transmission of the despatch in question. 

You have marked with a note of admiration the fact that the 
despatch was sealed. True, it was sealed; but the bearer who was 
charged with the delivery of it to you had a copy; and had he 
handed that despatch in person to you, as it was expected he 
would do, he would no doubt have exhibited that copy to your 
inspection. 

A still more serious misconception has seized your mind in re- 
gard to an armistice. Before this time it is quite probable you 
will have read the instructions to the commissioner, whom you 
see fit to denominate " the chief clerk of the State Department;" 
and I trust that a knowledge of what they contain has dissipated 
all your distressing apprehensions of being degraded by me. My 
letter informed you that Mr. Trist was " clothed with diplomatic 
powers," and his instructions and the projet of a treaty which he 
carried with him have ere this apprized you that he is a commis- 
sioner, with full power to negotiate a peace. The treaty which 
he was authorized to conclude contains an article, as you will 
have perceived, which provides for a suspension of hostilities, but 
not until the treaty shall have been ratified by the Mexican gov- 
ernment. Neither the considerations of humanity, nor sound policy, 
would justify the continuance of active military operations after a 
treaty of peace had been concluded and ratified on the part of 
Mexico, until the information of that fact could be communicated 
from Mexico to this place, and an order for the suspension of 
hostilities hence transmitted to the commanding general in that 
country. It will not be questioned that a commissioner of peace 
may be properly vested with the power of agreeing to a suspen- 
sion of hostilities in a definitive treaty, negotiated and already 
ratified by one party, while waiting the ratification of the other. 
As the negotiator is the first to know the fact that a treaty has 
been concluded and so ratified, it is beyond dispute, proper that 
he should be directed to communicate the knowledge of that fact 
to the commanding general; and it cannot, in my view of the case, 
be derogatory to that officer to be placed under instructions to act 
with reference to that fact, when duly notified of it by the com- 
missioner. The case cannot be made plainer, or your misappre- 
hensions in regard to it more clearly pointed out, than by simply 
stating it as it must* exist, if the contingency should fortunately 



[52] 



124 



happen on which you will be required to suspend hostilities. A 
commissioner of peace is sent by the President to your head-quar- 
ters, and he makes known to yo:i his authority to receive from 
Mexico offers for concluding a peace. You are informed, by his 
instructions and the projet of a treaty which he is required to ex- 
hibit to you, that on the conclusion and ratification of a treaty of 
peace by Mexico, hostilities immediately thereafter are to cease. 
With all these facts fully made known to you in advance, you are 
directed by the President to suspend hostilities on receiving writ- 
ten notice from the commissioner that the contingency — the con- 
clusion and ratification of a treaty of peace by Mexico — has hap- 
pened. Under these circumstances, can you conceive that, as com- 
manding general of the force in Mexico, you have the right to 
raise a question upon your duty to obey this direction, coming, 
as it does, through a proper channel, from your superior — the com- 
mander-in-chief? In my opinion, you could not have wandered 
further from the true view of the case, than by supposing that the 
President or myself has placed you in the condition of deferring 
"to the chief clerk of the Department of State the question of 
continuing or discontinuing hostilities." I cannot conceive that 
any well-founded exception can be taken .to the order you have 
received in relation to suspending hostilities; and I am fully per- 
suaded that if the contingency requiring you to act upon it shall 
ever occur, you will promptly carry it into full effect. 

I am, very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 
Major General Winfield Scott, 

Commanding U. S. Army, Mexico. 



[No. 28.] Head-quarters of the Army, 

Jalapa, May 20, 1847. 

Sir: Less than half the train, and less than a third of the sup- 
plies, expected up about the 14th instant, at the date of my report 
No. 26, arrived. The quartermaster at Vera Cruz had over-es- 
timated his number of wagons and animals, and the latter were 
found too feeble to transport full loads through the heat and sands 
of the low country. No money came by that train to the quarter- 
master or commissary, as none had arrived for either, at Vera Cruz, 
from New Orleans. The paymaster here received about two hun- 
dred and eighty thousand dollars — the half of his estimate for Jan- 
uary, February, March, and April. 

If it be expected, at Washington, as is now apprehended, that 
this army is to support itself by forced contributions levied upon 
the country, we may ruin and exasperate the inhabitants, and starve 
ourselves; for it is certain they would sooner remove or destroy 
the products of their farms, than allow them to fall into our hands 
without compensation. Not a ration for man or horse would be 
brought in, except by the bayonet, which would oblige the troops 



125 [ 52 ] 

to spread themselves out many leagues to the right and left, in 
search of subsistence, and to stop all military operations. 

Of money, there is but little in any part of the country, except 
in the hands of foreign miners and merchants, intended for ex- 
portation. None has come down as low as Jalapa, since we in- 
vested Vera Cruz; but we suppose that at Puebla, and beyond, we 
shall be able to sell drafts on the United States readily at par, or 
perhaps at a premium. 

I know nothing of the receipts at the custom-houses of Vera 
Cruz, Tampico, &c. Probably they are but inconsiderable; but, if 
great, we could not, after this date, and when further advanced, 
•draw upon them for the uses of this army. 

Another train of wagons (one hundred and seventy) is just en- 
tering this city from Vera Cruz, under the escort of Captain 
Walker and Ruff's riflemen. If it has a second third of the es- 
sential supplies now long waited for — medicines, ammunition 
clothing, salt, &c. — I shall advance, having lost the hope of re- 
ceiving further reinforcements, except some nine hundred recruits 
for the old regiments of this army, of which we have notice from 
the adjutant general at Washington. I shall send down, by conva- 
lescent officers and men principally belonging to the discharged 
volunteer regiments, a small train of wagons to meet these recruits 
and to be added to any new means of transportation the quarter- 
master may have at Vera Cruz. When they come up, we shall 
lose, for months, all connexion with that depot. 

I shall leave in garrison here the 1st artillery (five companies) 
serving as infantry, one troop of horse, the whole of the 2d Penn- 
sylvania, and three companies of the 1st Pennsylvania regiments. 
Brevet Colonel Childs is designated as the governor and comman- 
der of the place. 

The garrison of the castle of Perote will continue as at present* 
a detachment of artillerists to serve the batteries, a troop of horse 
and seven companies of the 1st Pennsylvania ^volunteers- with 
Colonel Wynkoop, of the latter, as governor and commander. 

Worth's and Quitman's divisions entered Puebla the 15th instant, 
Santa Anna, from Orizaba, preceded them a short time, and has it 
is said, taken up a defensive position near Rio Frio, equidistant 
(14 leagues) from Puebla and the capital, with a force (variously 
reported) of from two thousand to four thousand men. If he 
stand, we shall assault him, with confidence, no matter what may 
be his numbers. The advance at Puebla has instructions, as I have 
heretofore reported, to wait there for the arrival of the reserve, 
(Twigg's division,) or until further orders. 

I find that the train just in has brought up but a small part of 
the ammunition needed. Nevertheless, we shall advance without 
further delay. 

I enclose herewith copies, in English and Spanish, of a procla- 
mation I was induced to issue on the 11th instant. It was original- 
ly, under my directions, written in Spanish, at the instance of per- 
sons of very high standing and influence, some of them of the 
church; who suggested the topics and sentiments the most likely 



[52] 



126 



to find a response in the bosoms of the Mexicans, and to promote 
the cause of justice, moderation, and peace. To the cast of the 
proclamation I saw no American objection. Its effects, as far as 
we have heard, are very favorable; but the express (a Mexican) en- 
gaged by the deputation to take the printed copies to the capital 
was intercepted near Puebla. 

Mr. Trist arrived here on the 14th instant. He has not done me 
the honor to call upon me. Possibly he has thought the compli- 
ment of a first visit was due to him! I learn that he is writing a 
reply to my answer to him dated the 7th instant. A copy of that 
answer I enclosed to you the moment it was written. It is not pro- , 
bable that I shall find leisure to read his reply, much less to give a 
rejoinder. 

When I wrote to you and Mr. Trist late in the .night of the 7th 
instant, to go down by a detachment of horse that I was obliged to 
despatch early the next morning, I had not time to defend the po- 
sition you had forced me to assume; I shall now but glance at that 
position. The Hon. Mr. Benton has publicly declared, that if the 
law had passed making him general-in-chief of the United States 
armies in Mexico, either as lieutenant general or as junior major 
general over seniors, the power would have been given him not 
only of agreeing to an armistice, (which would, of course, have ap- 
pertained to his position,) but the much higher power of concluding 
a treaty of peace; and it will be remembered, also, that in my let- 
ter to Major General Taylor, dated June 12, 1846, written at your 
instance, and, as I understood at the time, approved by the cabinet, 
his power to agree to an armistice was merely adverted to in order 
to place upon it certain limitations. I understand your letter to me 
of the 14th ultimo as not only taking from me, the commander of 
an army under the most critical circumstances, all voice or advice 
in agreeing to a truce with the enemy, but as an attempt to place 
me under the military command of Mr. Trist; for you tell me that 
u should he make* known to you, in writing, that the contingency 
has occurred in consequence of which the President is willing that 
further active military operations should cease, you will regard 
such notice as a direction from the President to suspend them until 
further orders from this department." 

That is, I am required to respect the judgment of Mr. Trist here 
on passing events, purely military, as the judgment of the Pres- 
ident, who is some two thousand miles off ! 

I suppose this is to be the second attempt of the kind ever made 
to dishonor a general-in-chief in the field, before or since tl^e time 
of the French convention. 

That other instance occurred in your absence from Washington, 
in June, 1845, when Mr. Bancroft, acting Secretary of War, in- 
structed General Taylor in certain matters to obey the orders of 
Mr. Donaldson, charge d'affaires in Texas; and you may remember 
the letter that I wrote to General Taylor, with the permission 
of both Mr. Bancroft and yourself, to correct that blunder. 

The letter may be found on record in my office at Washington. 

Whenever it may be the pleasure of the President to instruct me 



127 [ 52 ] 

directly, or through any authorised channel, to propose or to 
agree to an armistice with the enemy, on the happening of any 
given contingency or contingencies, or to do any other military 
act, I shall most promptly and cheerfully obey him; but I entreat 
to be spared the personal dishonor of being again required to obey 
the orders of the chief clerk of the State Department as the orders 
of the constitutional commander-in-chief of the army and navy of 
the United States. 

To Mr. Trist, as a functionary of my government, I have caused 
to be shown, since his arrival here, every proper attention. I sent 
the chief quartermaster and an aid-de-camp to show him the rooms 
I had ordered for him. I have caused him to be tendered a sentinel to 
be placed at his door and to receive his orders. I shall from time 
to time send him word of my personal movements, and I shall con- 
tinue to show him all other attentions necessary to the discharge 
of any diplomatic functions with which he may be entrusted. 

I have the honor to remain, very respectfully, your most obedi- 
ent servant, 

WINFIELD SCOTT. 

Hon W. L. Marcy, 

Secretary of War. 

P. S. May 21. — I put under cover portions of an unofficial letter 
just received from Major General Worth. 

They are highly interesting. But one company, mounted, under 
Captain Wheat, was re-enlisted (for the war,) out of the whole of 
the old volunteers. It has just arrived from Vera Cruz. 

The reserve will positively advance to-morrow. The deficiency 
in supplies from Vera Cruz has resulted not so much from the 
want of wagons and animals there, as from the want of drivers 
and conductors. Some 400 old volunteers engaged here for the 
wagons and pack mules broke off at Vera Cruz, and embarked with 
their respective companies. 

W. S. 



War Department, June 15, 1847. 

Sir: I have received your letter of the 20th of May, and regret 
to learn that you have been disappointed in your expectations in 
regard to receiving supplies and munitions f, om the depot at Vera 
Cruz. This disappointment was caused, as appears by the last par- 
agraph in that letter, by the failure of the arrangement made with 
persons who engaged to accompany the train as teamsters. 

I have received and laid before the President the copy of your 
proclamation to the Mexican nation of the 11th of May. The con- 
siderations you have presented to the people of Mexico as induce- 
ments to them to wish for peace, and to concur in measures for the 
accomplishment of that desirable object, are well selected and ably 
enforced. As it could not have been your design to enter into a 
full discussion of the causes which led to the war, it is not to be 
taken as an authoritative exposition of the views of the Executive 



[ 52 ] 128 

in this respect, but he regards it as a document containing " topics 
and sentiments the most likely to find a response in the bosoms of 
the Mexicans, and to promote the cause of justice, moderation, and 
peace." Such were properly the scope and end of the proclama- 
tion, and most ably have they been carried out. 

You again advert to the subject presented in your letter of the 
7th ultimo to Mr. Trist, and appear still to be laboring under an 
unaccountable misconception in regard to it. My letter of the 31st 
of May (a copy of which I herewith transmit) presents this matter 
in its true light. It will show you how far you have misled your- 
self, and how causelessly you have indulged in complaints, better 
characterized as reproofs, against the President and this department. | 

The President would not have deemed it proper that I should 
advert again to this subject, but for the apprehension he has that 
your course may obstruct the measures he has taken to procure a 
peace. It does not appear, from any communication made by you 
to this department, that you have executed or attempted to execute 
the order which you have received to forward the despatch from 
the Secretary of State addressed to the Mexican secretary of foreign 
affairs. The President is, however, unwilling to believe that you 
have not done your duty in this respect. If it has not been sent, 
he presumes that you have not been able to send it, and that you 
will, in due time, explain the causes which compelled you to de- 
tain it. 

My letter, taken by itself, neither sustains nor excuses such an 
interpretation as you 'have given to it; and, taken in connexion 
with the facts which Mr. Trist was directed to communicate to you, 
and which it was expected would have been communicated with 
that letter, shows how idle it is to imagine that there was any at- 
tempt to place you " under the military command of Mr. Trist," 
or that you were " required to respect the judgment of Mr. Trist 
here (in Mexico) on passing events purely military, as the judg- 
ment of the President, who is some two thousand miles off." The 
respect due to yourself as well as that due to the President, who 
had placed you in chief command of our armies in Mexico, should 
have made you extremely reluctant to adopt such a conclusion, 
even on adequate proof of the fact; and to me it seems, as I am 
sure it will appear to others, strange indeed that you have been 
able to extract any such inference from my letter. You and Mr. 
Trist are both functionaries of the government of the United 
States, with important public interests confided to each in his re- 
spective sphere of action; cordial co-operation was expected; duty 
imposed it; the public good, the cause of humanity, demanded it. 
If there has been a failure in this respect — and from the tenor of 
your despatch the President fears that there has been — a high re- 
sponsibility rests somewhere. 

In relation to the direction of an armistice, or the suspension of 
hostilities, the President, after duly considering all you have said 
on the subject, does not doubt that it was an order proper and 
right for him to give, and consequently one which you were bound 
to obey. He sincerely regrets your strange misapprehension of it; 



129 [ 52 ] 

and he is wholly unable to conceive how you can reconcile with, 
duty and subordination the making of it a topic of remark, I may 
say of incidental reproof of your common superior, in an official com- 
munication to a subordinate officer in another branch of the public 
service. 

The information recently received here has caused a painful ap- 
prehension that Colonel Sours, who was bearer of despatches from 
this department to you, was murdered between Vera Cruz and Ja- 
lapa. I herewith send copies of the communications from this de- 
partment which were entrusted to him. 

Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 
Major General W. Scott, 

Commanding U. S. A. in Mexico. 

N. B. — The following is an extract from a copy of an official 
letter purporting to have been written by you to Lieutenant 
Semmes, of the navy, dated headquarters, Jalapa, May 9. 1847. 

[Extract.] 

" But there is at hand another functionary, who, under very re- 
cent instructions from the President of the United States, may per- 
haps claim to supersede me in the business of exchanging priso- 
ners of war, as in other military arrangements. Mr. Trist, chief 
clerk of the Department of State, appointed minister or commis- 
sioner to Mexico, has arrived at Vera Cruz, and may be at this 
place with the train expected up in a few days. Perhaps you had 
better refer the business of your commission to him. I only make 
the suggestion." 



if No. 29.] Head-quarters of the Army, 

Puebla, June 4, 1847. 

Sir: I arrived here, with four troops of horse, on the 28th ult. 
Twigg's division came up the next day. 

I enclose herewith a copy of Bre ret Major General Worth's re- 
port, dated the 15th ultimo, (the ©riginal was intercepted by the 
enemy,) of an affair he had with General Santa Anna at Amosoque, 
some eight miles from this place. 

The effective strength of this army has been surprisingly re- 
duced. Besides the discharge of seven regiments and two inde- 
pendent companies of old volunteers, we had to leave in hospital 
about 1,000 men at Vera Cruz, as many sick and wounded at Ja- 
lapa, and 200 sick at Perote. Here we have on the sick report 
; 1,017. Not a cerps has made a forced march except in the pursuit 
■after the battle of Cerro Gordo, and every possible attention has 
been given to the health of the troops. The general sickness may- 
be attributed to several causes: 1. The great contrast in climates 
9 



[ 52 ] 130 

above and below Cerro Gordo; 2. The insufficiency of clothing, 
but little having arrived when the army marched from Vera Cruz; 
and, 3. The want of salt meats, the troops not having had any 
oftener than one day in nine since we reached the elevated country, 
as our insufficient means of transportation allowed us to bring up 
only small quantities of bacon and no mess pork. The prevailing 
diseases have been chills and fevers, and diarrhoea. 

Making the further deductions of the killed and wounded, the 
garrisons of Vera Cruz, Jalapa and Perote, and we have here but 
5 820 effective non-commissioned officers, artificers, musicians and 
privates; a force evidently insufficient to garrison this large open 
city, and to march upon the capital, where, 6r near it, we may pro- 
bably have to beat an indifferent army of from 12,000 to 25,000 
men. This we could do with 4,000, but at a loss, probably, of one- 
fourth of our numbers; whereas with 8,000, our loss would not ex- 
ceed some 300. 

Not having heard of the approach of reinforcements from any 
quarter — not even of the 960 recruits for the old regiments, who 
were to embark at New York, and Newport, Kentucky — I have at 
length determined to abandon Jalapa, and to bring up to the head 
of the army the garrison of that city, with a part of the garrison 
of Perote, in order to be in a better condition to advance upon and 
to occupy the capital. See, herewith, my instructions of yesterday 
to Colonel Childs, the governor and commander of Jalapa. 

It is ascertained that any sick or wounded men left in the road, 
or in small villages, would be certainly murdered by guerilla par- 
ties, rancheros, or banditti, and I am not absolutely certain that 
threats of punishment will render oar hospitals safe, even in large 
cities. The want of reinforcements long promised and expected 
has driven me to this painful experiment. 

The delay here until aboutthe 22d instant may, however, be com- 
pensated by one important advantage. General Santa Anna has 
renounced the presidency; (see his printed letter herewith.) It is 
understood that a new government will be installed on the 15th in- 
stant, and there is good ground to hope under Herrera or Trias, 
both supposed to be desirous of peace with the United States. If 
we were previously to occupy the capital, the friends of peace 
(most of the leaders of the party belong to the capital) would be 
dispersed; or if they remained and organized under our colors, 
their government would be denounced and decried as set up by 
their army, and lose all credit and weight with the Mexican people. 
We are still much embarrassed by the want of money. But little 
can be obtained on drafts this side of the capital; and we have not 
heard of the arrival of a dollar at Vera Cruz for this army. The 
attempt to subsist it by living at free quarters, or on forced contri- 
butions, would be the end of military operations. 

I take the liberty to enclose a copy of my rejoinder to Mr. Trist. 
No doubt he has forwarded a copy of hi most extraordinary epistle 
to me. To have such a flank battery planted against me, amidst 
critical military operations, is a great annoyance. 
. Considering the many cruel disappoiatm^nts and mortifications I 



131 



[52 j 



have been made to feel since I left Washington, or the total want 
of support and sympathy on the part of the War Department which 
I have so long experienced, I beg to be recalled from this army the 
moment that it may be safe for any person to embark at Vera Cruz, 
which I suppose will be early in November. Probably all field 
operations will be over long before that time. 

I have the honor to remain, sir, with high respect, your most 
obedient servant, 

WINFIELD SCOTT. 

Hon Wm. L. Marcy, 

Secretary of War. 



War Department, 
Washington, July 12. 1847. 

Sir: Since my letters of the 31st of May and 14th [15th] of June, 
pointing out your entire misapprehension in regard 'to the mission 
of Mr. Trist, so far as it was assumed by you to be an interference 
with your military command, a part of his communications to you, 
as well as your letter to him of the 29th of May, has been received. 
This correspondence discloses a state of things between yourself 
and him most deeply regretted, as it is much to be feared that your 
personal relations are such as may compromise the most important 
national interests. 

My previous letters on this subject, if received, must have con- 
vinced you of the groundlessness of your suspicions and the pre- 
cipitancy of your conduct in this whole affair. You cannot fail to 
perceive that, so far from having cause to complain and indulge in 
disrespectful reproaches against your government on account of this 
mission, the utmost care was taken to secure to you all the rights 
and authority of your command, and to yield to all the pretensions 
you could properly set up as in anywise belonging to it. 

Regarding, as the President feels compelled to do, your course 
in this matter as the result of an entire mistake as to the powers 
and duty of Mr. Trist, he regrets to perceive that the conduct of 
Mr. T., on the other hand, has not been free from error. 

No two agen's of the government could have been charged with 
duties more distinct and non- conflicting — duties less likely to bring 
on personal collision, where any sort of communication was required. 
To you was intrusted the conduct of military operations — to him 
the business of negotiating a peace, if a favorable opportunity should 
occur. Only a very limited official intercourse between you and 
him was required, and that was of such a character as to preclude, 
as it was supposed, the possibility of any misunderstanding. He was 
required, in the first place, to deliver to you a despatch from your 
government to the minister of foreign relations of Mexico. When 
thus delivered, all his agency in regard to it was ended. It was com- 
mitted to you to be forwarded: not even the President's order to you 
to send it forward was communicated through him, but through this 



[ 52 ] 132 

depa tment. To this course the most overwrought sensitiveness could 
not properly take the slightest exception. Your false alarm in re- 
gard to the power of the commissioner, and the misstep consequently 
taken — the first in the series of blunders — led him to interfere, in an 
unauthorized and improper manner, with an affair exclusively your 
own — the transmission of that despatch to the Mexican authorities. 
From this department Mr. Trist had no instructions whatever, and 
I am well assured that he had none from the President or the State 
Deoartment, relative to this despatch, beyond the simple direction 
to place it in your hands. Whatever he may have done further 
than barely delivering it to you, was unauthorized. In undertaking, 
as he appears to have done in his letter to you of the 20th of May, 
to be the medium through which orders to you were to be trans- 
mitted, he has assumed authority not conferred on him, and the act 
is disavowed and disapproved by the President. He had no au- 
thority to give you any order whatever. The only orders from 
your government to you, relating to this subject, were issued 
through this department, and are contained in my despatches of the 
14th of April,. and these orders the President confidently expected 
you to execute. It is proper that I should say, in concluding my 
remarks on this point, that the President trusts that you have dis- 
covered your mistake in returning the despatch to Mr. Trist; that 
you have withdrawn it from him and executed the order to forward 
it from this department to the Mexican authorities. Should you 
receive from these authorities an intimation of a willingness to en- 
ter upon negotiations, you will, as a matter of cou>se, apprize Mr. 
Trist of that fact, and do what may be deemed proper to facilitate 
the conclusion of a peace. 

It is not expected that you still continue, under your first strange 
delusion as to Mr. Trist's instructions to interfere in any manner 
with your military operations. My previous letters, and the ex- 
tract furnished you from those instructions, must have put to flight 
all your misconceptions on that subject. The utmost extent of the 
commissioner's authority bearing on this point, was to give you 
written notice of the happening of a contingency on which a sus- 
pension of hostilities was to follow: not by Mr. Trist's order — not 
by an order communicated through him — but by the order of the 
President, your superior officer, conveyed to you directly by the 
Secretary of War. 

This suspension of hostilities was not, as you saw fit to assume, 
to be a preliminary to, but to result from, negotiations conducted 
to a successful issue. Your course on receiving the first communi- 
cation from Mr. Tri?t shut you out, for a time at least, from the 
information which would have secured yon from the false position 
in which you so precipitately placed yourself. You would have 
learned from Mr. Trist, if an interview with him had net been ob- 
structed, that the contingency referred to in my letter was a dis- 
tinct event — not an undefined condition of to % be determined 
by discretion: it was a certain tact — the actual ratification of a de- 
finitive treat, of peace by the Mexica.'. nt, containing in. 
one of its articles a stipulation for the suspension of hostilities to 
• 



133 [ 52 ] 

follow immediately such ratification; and it should not be forgotten 
that it was the 'intention and expectation of your government 
that you should be as well acquainted with what constituted that 
contingency as the commissioner himself, before you could be re- 
quired to act in reference to it; for Mr. Trist was authorized, on 
arriving at your head-quarters, to show you his instructions and 
the ptojet of the treaty he was empowered to make. Had you 
been less impetuous in taking umbrage at the course pursued in 
this matter, and less inclined to conclude, without the least war- 
rant for it, that your government intended disrespect to you, or was 
unmindful of what was due to the safety of the gallant army under 
your command, the dearest interests of the nation would not have- 
been exposed to receive detriment from an ill-tempered personal 
altercation between two high functionaries, intrusted with impor- 
tant public concerns in a foreign country. 

As past errors must have been discovered, the President expects 
that false steps on both sides have been retraced and that you and 
Mr. Trist are now co- operating, so far as co operation is required, 
in your respective spheres of duty, to bring the war to a successful 
close by an honorable peace. 

Your letter from Puebla, of the 4th of June, has been received 
and laid before the President. Considering that you had claimed, 
as a matter of right due to your superior rank, to be placed at the 
head of our armies in the field, in a state of actual war, and had 
earnestly besought that position as a matter of favor, the President 
was not a little surprised that, alter so brief a period of service, 
you should ask to be recalled. The grounds put forth for this 
change of purpose have not probably had with him the influence 
you expected/ They are of such an extraordinary character as to 
claim a passing notiee. Of " the many cruel disappointments and 
mortifications I (you) have been made to feel since I (you) left 
Washington," you have omitted to specify a single one, and 
whether they are real or imaginary is left in great uncertainty. 
The sending of Mr. Trist to Mexico as a commissioner of peace, 
and the suspicion you cherished that you had been degraded by his 
being clothed with military authority to interfere with your right- 
ful command, are proba.bly prominent among these "cruel disap- 
pointments and mortifications." The exposition which has been 
made of that case, shows the lamentable extent to which error may 
prevail in personal matters when prejudice and suspicion preoccupy 
the mind. Should your other undisclosed " cruel disappointments 
and mortifications " be of a like unsubstantial character, as it is 
presumed they are, you may well conclude that they constitute no 
sufficient motive with the President to grant the indulgence you 
ask. 

I am unwilling to believe that the grave charge, that you have 
experienced so long " the total want of support and sympathy on 
the part of the War Department," was thrown in as a provocative 
to insure success to your application, and I certainly cannot con- 
cede that it rests on the slightest foundation of fact. In view of 
the vast diversity of human character, I ought not, perhaps, to be 



[ 52 ] 134 

surprised at any extravagance of self-delusion, yet I should be so in 
this instance if this is to be regarded as a well considered allega- 
tion, reflecting the settled convictions of your mind. That it indi- 
cated the true state of your feelings at the moment it was written, 
I will not question; but that it is at all just towards the War De- 
partment, I must most positively deny. It is an assertion unac- 
companied by facts to support it; it relates to a matter in regard 
to which my information must be at least as full and accurate as 
your own; and I feel bound, by the most solemn convictions of 
truth, to say that you are mistaken in the entire length and breadth 
of the allegation. That you have been disappointed in some of 
the arrangements made here, as you have in some of your own 
which did not depend upon the action of the War Department, 
is undoubtedly true ; but such disappointments do not war- 
rant or sustain the charge you have made — ;they do not even 
show that you have not had all the support from this de- 
partment which was within its competence to give. The de- 
partment cannot, by the mere fiat of its will, call into in- 
stant existence the means it may require, and place them where 
they are needed. Human agency cannot control the elements so 
as to make them subservient to its wishes, or to prevent them from 
sometimes frustrating its best concerted plans. In conducting a war 
such as that in which we are now engaged, the scene of operations, as 
you well know, is of the widest range; the machinery necessarily 
of vast extent and complexity; the agencies exceedingly numer- 
ous and dispersed over vast regions. That all this complication of 
means and agencies should respond with promptness and punctu- 
ality, in every instance, to any directing will, cannot be reasonably 
expected; that one failure, whether by accident, necessity, or neg- 
ligence, should involve others, is inevitable; and that unforeseen 
disappointments should occasionally happen in working out re- 
sults, should surprise no man who takes a sensible view of human 
affairs. That the War Department has not realized all that may 
have been expected in its arrangements, may be safely admitted, 
without laying itself open to the charge of having failed to act 
with energy and effect, or of having neglected any one of its es- 
sential duties, or to the still more unfounded and reckless charge 
of having failed to afford any support whatever to the general at 
the head of our armies in the field. The War Department, most 
deeply interested as it is in carrying the war to a successful issue, 
could have no motive — and by any other than a mind strangely 
deluded, it could not be suspected of having any motive — to do 
1'ess than its utmost to insure triumph and glory to our arms; and 
to a charge of failure of duty in this respect, unaccompanied with 
any specification, it will only oppose, in its vindication on this oc- 
casion, its anxious, incessant, and strenuous efforts, zealously de- 
voted to the conduct of the war. Regarding the inducements you 
have assigned for begging to be recalled as deserving to have very 
little influence on the question, it will be decided by the President 
with exclusive reference to the public good. When that shall ren- 
der it proper, in his opinion, to withdraw you from your present 



135 [ 52 ] 

command, his determination to do so will be made known to you. 
Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 
Major General Winfield Scott, 

Commanding U. S. Army, Mexico. 



[No. 30.] Head-quarters of the Army, 

Puebla, July 25, 1847. 

Sir: My last report was dated the 4th ultimo, from this place, 
enclosing a copy of my instructions (June 3) to Colonel Childs, 
ordering up the garrison of Jalapa, and a copy of a letter from me 
to Mr. Trist, of May 29. 

Although daily in expectation of something of special interest 
to communicate, nothing has occurred of that character save a 
happy change in my relations, both official and private, with Mr. 
Trist. Since about the 26th ultimo, our intercourse has been fre- 
quent and cordial; and I have found him able, discreet, courteous, 
and amiable. At home, it so chanced that we had the slightest 
possible acquaintance with each other. Hence more or less of re- 
ciprocal prejudice, and of the existence of his feelings towards me, 
I knew, (by private letters,) before we met, that at least a part of 
the cabinet had a full intimation. 

Still the pronounced misunderstanding between Mr. Trist and 
myself could not have occurred but for other circumstances: 1st, 
his being obliged to send forward your letter of April 14th, instead 
of delivering it in person, with the explanatory papers which he 
desired to communicate; 2. His bad health in May and June, 
which, I am happy* to say, has now become good; and, 3. The ex- 
treme mystification into which your letter, and particularly an in- 
terlineation, unavoidably threw me. 

So far as I am concerned, I am perfectly willing that all I have 
heretofore written to the department about Mr. Trist should be 
suppressed. I make this declaration as due to my present esteem 
for that gentleman; but ask no favor, and desire none, at the hands 
of the department. Justice to myself, however, tardy, I shall 
take care to have done. 

Since my acknowledgment of May 7, (report No. 27,) I have had 
but two letters from you, dated, respectively, April 30 and May 
31; received here, in ti.e order of their date, June 6 and July 7. 
The duplicate of the former, borne by a special messenger from 
Washington, had been previously, by his imprudence, captured be- 
low Cerro Gordo, and p iblished, with other letters found on his 
person, in the papers of the Mexican government. 

I do not acknowledge the justice of either of your rebukes con- 
tained in the letter of May 31; and that [ do not here triumphantly 
vindicate myself is not from the want of will, means, or ability, 
but time. 

The fi.rst letter (dated February 22) received from you, at Vera 



.[52] 



136 



^Crnz, contained a censure; and I am now rebuked for the unavoid- 
able — nay wise, if it had not been unavoidable — release, on parole, 
of the prisoners taken at Cerro Gordo — even before one word of 
commendation from government has reached this' army on account 
of its gallant conduct in the capture of those prisoners. So, in 
regular progression, I may — should the same army gallantly bear 
me into the city of Mexico in the next seven or eight weeks, 
which is probable, if we are not arrested by a peace or a truce — 
look to be dismissed from the service of my country. You will 
perceive that I am aware (as I have, long been) of the dangers 
"which hang over me at home; but I, too, am a citizen of the United 
••States, and well know the obligations imposed under all circum- 
stances by an enlightened patriotism. 

Having,. June 3, lost all hope of being joined by other troops 
than the nine hundred and odd men belonging to the old regiments of 
this army, and of whose approach I had had notice from the adju- 
tant general, I ordered up Colonel Childs, with the garrison from 
Jalapa; but instructed him to await for that body, and any other 
(I was thinking only of some other party of recruits) he might 
chance to hear of. He waited, first, for Colonel Mcintosh; next 
for Brigadier General Cadwalader; who, in turn, heard of, and * 
"waited for, Major General Pillow. The latter arrived here, with 
all those detachments, the 8th instant. But, in the meantime, I had 
lit at d that Brigadier General Pierce had reached Vera Cruz on the 
28th June, and was to take up his line of march, at the latest, the 
3d instant. Consequently, I expected him here, with much confi- 
dence, by the 17th, but the day before, I learned, with great dis- 
appointment, that the want of transportation, and an accident would 
detain him at Vera Cruz till the 16th. Of course I cannot now 
look for him before the end of this month. I shall be obliged to 
"waL his certain and near approach; 1st, because we need the strong 
reinforcement he will bring up; and, 2d, the money supposed to 
be with him is indispensable. 

i In respect to money, I beg again to report that the chief commis- 
sary (Captain Grayson) of this army has not received a dollar 
from the United States since we landed at Vera Cruz, March 9. 
He now owes more than $200,000, and is obliged to purchase on 
credit, at great disadvantages. The chief quartermaster (Captain 
Irwin) has received, perhaps, $60,000, and labors under like in- 
cumbrances. Both have sold drafts, to small amounts, and borrowed 
largely of the pay department, which has received about half the 
money estimated for. Consequently, the troops have some four 
months' pay due them. Our poverty, or the neglect of the dis- 
bursing departments at home, has been made known, to our shame, 
in the papers of the capital here, through a letter from Lieuten- 
ant Colonel Hunt, that was found on the person of the special mes- 
senger from Washington. 

The army is also suffering greatly from the want of necessary 
-clothing, including blankets and great coats. The new troops, 
(those who have last arrive*!,) as destitute as the others, were first 
told that they would find abundant supplies at New 'Orleans; 
next, at Vera Cruz, and, finally, here; whereas we now have 5 



137 [ 52 1 

perhaps, a thousand hands engaged in making shoes and (out of 
bad materials and at high cost) pantaloons. These articles, about 
3,000 pairs of each, are absolutely necessary to cover tlie nakedness 
of the troops. 

February 28, off Lobos, I wrote to Brigadier General Brooke 
to direct the quartermaster at New Orleans to send to me large 
supplies of clothing. March 16, (23,) General Brooke replied that 
the quartermaster' at New Orleans had "neither clothing nor 
shoes," and that he was "fearful that unless they have been sent 
out to you direct, you will be much disappointed." 

Some small quantity of clothing, perhaps one-fifth of our wants, 
came to Vera Cruz from some quarter, and followed us to Jalapa 
and this place. 

May 30, the number of sick here was 1,017; of effectives, 5,820. 
Since the arrival of Major General Pillow, we have, effectives, 
(rank and file,) 8,061; sick, 2,215, besides S7 officers under the 
latter head. The arrival of Brigadier General Pierce may add 
about 25 per cent, to our effective strength, and I hope to 
advance, after leaving a competent garrison here, at the head of 
9,500 men. The enemy in the capital may amount to some thirty 
odd thousand, including good, bad and indifferent. The health of 
our troops has been improving since the 20th instant. 

I have been obliged to detain Major General Quitman here in the 
command of the volunteer division, not only on account of bis 
very valuable services with that corps, but because I cannot tend 
him in safety and with honor either direct to Saltillo, or via Vera 
Cruz, without a heavy detachment of troops, which would be; of 
itself quite a military operation. Brigadier General Shields com- 
mands a brigade in that division. 

I have large masses of papers, some of them of considerable in- 
terest, to forward; but the messenger about to depart can only take 
two or three letters in a small compass. Mr. Trist writes by 
him, and to his report I beg to refer for his prospects of opening 
negotiations. 

I have no news from Major General Taylor later than May 23, 
and none of the approach of additional troops. 

I have the honor to remain, with high respect, sir, your most 
obedient servant, 



Hon. W. L. Marcy, 

Secretary of War. 



WINFIELD SCOTT. 



Endorsement. « 

("Placed, sealed, in the hands of Mr. Trist, the night of its 
date, to go by a private express, frequently before employed 
by him, (Mr. T.;) the express rider never before, as far as was 
known, having failed to deliver letters as he was directed. 

WINFIELD SCOTT. 

Mexico, November, 1847.] 



[52] 



138 



War Department, 
Washington, October 6, 1847. 

Sir: No official despatch has been received from you at this de- 
partment of a later date than that of the 4th of June, though we 
are not without authentic information of your operations to the 
20th of August, and of the signal victories obtained by you 
and the gallant army under your command, on that and the prece- 
ding day. 

Accounts upon which reliance is placed have recently reached us 
that the negotiations for peace have terminated unsuccessfully, and. 
that hostilities re-commenced on the 8th or 9th ultimo. We have also 
the gratifying intelligence that you have succeeded in capturing the 
city of Mexico; and are waiting with deep anxiety for the particu- 
lars of your operations up to and including that important event. 

The terms insisted on by Mexico, on which only she will consent 
to conclude a peace, (which. also have been received here,) are so 
extravagant and inadmissible that there is no alternative left but to 
prosecute the war. 

It is quite evident that the authorities of Mexico would not pre- 
sent and insist upon, as a basis for peace, terms which could not be 
entertained for a moment by us without national dishonor, were 
they not encouraged to continue the war by that portion of the 
population, as well as others, upon which the burdens of the war 
ought to fall, and upon which, in the further prosecution of it, 
they must be made to fall, as the only means now left of bringing 
it to a close. We have hitherto been far more forbearing than is 
customary in exercising the extreme and even some of the ordinary 
rights of belligerents. It is now evident that our leniency h'as not 
been appreciated, nor reciprocated, but, on the contrary, has 
been rep'aid with bad faith and barbarity; and is only met 
by a blind obstinacy, and a reckless determination to prolong the 
conflict. 

However unwilling we may be to modify our humane policy, a 
change now seems to be required even by the considerations 
of humanity. We must take the best measures within the 
clearly admitted course of civilized warfare, to beget a dis- 
position in the people of Mexico to come to an adjustment upon 
fair and honorable terms. It should be borne in mind that the peo- 
ple of Mexico, indulging, as it is evident they do, the most hostile 
feelings, are not less parties to the war than the Mexican army; 
and as a means of peace, they must be made to feel its evils. 

The guerilla system which has been resorted to is hardly recog- 
nized as a legitimate mode of warfare, and should be met with the 
utmost allowable severity. Not only those embodied for the pur- 
pose of carrying out that system, but those who at any time have 
been engaged in it, or who have sustained, sheltered and protected 
them, are much less entitled to favorable consideration than the 
soldiers in the ranks of the regular Mexican army. They should 
be seized and held as prisoners of war, and sent to the United Slates 
if it is not convenient to hold them. Their "haunts and places of 



139 [ 52 ] 

rendezvous should be broken up and destroyed. Those Implicated 
in the murder of non-combatants, or in robbery and plunder, should 
be subjected to a severer treatment. Independent of restraints, &c, 
upon their persons, all their property and effects within our reach 
should be unhesitatingly seized and devoted to public use. In re- 
lation to other prisoners and officers, I refer you to my despatch of 
May 31. I herewith send you an extract from it relating to that 
subject. 

Permit me to invite your attention to the despatch from this de- 
partment of the 1st ultimo, (a copy of -which is herewith sent,) and 
urge the suggestions therein contained upon your particular consid- 
eration. The burden of sustaining our forces in Mexico must be 
thrown, to the utmost extent, upon the people of that country — its 
resources should be resorted to in every manner consistent with the 
usages of civilized war, for that purpose; and it is hoped that your 
situation is; such as will warrant you in making this resort, at least 
to the extent required for the support of our army. The men of 
means who have willingly contributed aid to support the Mexican 
army, should be forced to contribute to the support of ours. 

Without a particular knowledge of your situation, of the availa- 
ble force you now have at your command, or of the resistance the 
enemy are still capable of making, nothing more than suggestions, 
in regard to your future proceedings, will be submitted for your 
consideration. I need not urge upon you the adoption of all meas- 
ures necessary for "holding the city of Mexico, and the principal 
places between that city and Vera Cruz. To open and keep open 
the way between these two cities would seem to be required for 
holding securely what is already conquered, and for -future opera- 
tions. For this purpose a considerable increase of your force, it is 
presumed, will be indispensable. Additional troops are now on the 
way to join your, column. A force of about 3,000 men, besides 
Colonel Hays's mounted volunteers, has been sent from General 
Taylor's command, and we are advised that about 1,800 of these 
are now en route between Vera Cruz and your head-quarters, (if 
they have not already reached there,) under the command of Briga- 
dier General Lane. A large number under General Gushing w T ill 
soon follow. One new regiment of Ohio volunteers is now en route, 
and five more are nearly organized, and will be sent forthwith to 
Vera Cruz, with orders to join you. There is also a considerable 
volunteer force which was called out many months since, and had 
been slow in organizing, now on its way to your column. The 
adjutant general's estimate herewith of the total number of these 
troops, and other detachments, make the aggregate force en route 
under orders, and being mustered into service, about 15,000, since 
General Pierce's advance from Vera Cruz on the l4tL July. How 
far this amount of force will be reduced by casualties before it 
reaches you, cannot be estimated. With this augmentation of 
strength it is hoped that you will be able to accomplish not only 
the objects before indicated, (should you deem them preferable to 
others,) but to carry on further aggressive operations; to achieve 
new conquests; to disperse the remaining army of the enemy in 



[ 52 ] 140 

your vicinity, and prevent the organization of another. Left as 
you are to your own judgment as to your military operations, the 
fullest codfcdence is entertained that you will conduct them in the 
most effective way to bring about the main and ultimate object of 
the war: namely, to induce the rulers and people of Mexico to de- 
sire and consent to such terms of peace as we have a right to ask 
ami expect. ' 

The views of the government in relation to propositions and ne- 
gotiations for concluding a peace, are disclosed in a despatch from 
the Department of State to Mr. Trist, a copy of which accompanies 
this communication. By it you will perceive that he is recalled. 
You will embrace a proper occasion to notify the Mexican authorities 
of this fact. 

Should they offer through you terms of accommodation, or pro- 
pose to enter on negotiations, the President directs that such propo- 
sitions be forwarded without delay to him; but it is not expected 
that your movements or measures for carrying on hostilities will 
be thereby relaxed, or in anywise changed. 

I have the honor to be, very respectfully, your obedient ser- 
vant, 

W. L. MARCY, 
Secretary of War. 
Major General Winfield Scott, 

Commanding II. S. Army, Mexico. 



[No. 36. j Head-quarters of the Army, 

Mexico, November 27, 1847. 

Sir: Since the letter recalling Mr. Trist was received, we have 
certain information that the Mexican government had, about the 
same time, appointed commissioners to meet him for negotiating the 
terms of a peace; and, if we had a commission here to receive thera, 
it is believed that a satisfactory treaty might soon be agreed upon 
between the two belligerents. Those commissioners are understood 
to be now in this city, but they have not called on me or submitted, 
to me any proposition whatever, although the government at Quere- 
taro has been informed that I shall at all times be ready to send 
home any communication, looking to a renewal of negotiations; 
from that government. It is doubtful, however, I learn indirectly, 
whether the Mexican government, or its commissioners, will adopt 
that course. 

I have now been waiting with anxiety, for nearly a month, the 
arrival of the reinforcements with Major General Patterson, and. 
others, coming up from Vera Cruz. That general, in an official 
report dated the 10th instant, informs me that he had halted with 
some 2,600 men "for duty," at Jalapa; had sent his wagons back 
to 'he seaport, and expected to renew his march, in this direction, 
about the 20th instant. He had received my instructions of the 
13th and 28th ultimo, (others await hirn at Puebla,) directing the 
rtgarrisoning of Jalapa with some 1,200 men, and the establishment 



141 [ 52 ] 

of at lea,st two new posts between that city and Vera Cruz. Tue 
latter he had established at the bridge over the San Juan, and at the 
national bridge; but whether the 2,600 men "for duty" be a sur- 
plus over and above the new garrison at Jalapa, the report does 
not inform me. The instructions waiting at Puebla direct that an- 
other new post of from 400 to 500 men shall be established at Rio 
Frio, O!! the national road, about 36 miles from Puebla, and the 
, same from this city. 

v Major Geneial Patterson complains, I have no doubt justly, of 
Ihe unfitness, from the want of experience, of the officers" and men 
with him, for the service of separate posts, whence are to be feared 
many disorders and much waste of public property. We are here 
also, very deficient in the number of field and company officers 
needed even for ordinary duties; and the force present is barely 
sufficient to garrison this large city and the castle of Chapultepec. 
One strong detachment is now out with the train despatched hence 
to Vera Cruz on the 1st instant, and before its return (about the 5th 
proximo) I shall have sent down another for certain supplies, not 
to be obtained here on advantageous terms, and in order, as in the 
other instance, that a portion of the wagons may be serviceable in 
bringing reinforcements from Vera Cruz. 

I am happy to learn that Major General Butler was hourly ex- 
pected at Vera Cruz early in this month. On his or Major General 
Patterson's arrival here, with 4,000 or more reinforcements, over 
and above the eastern garrisons, I shall despatch that surplus, or a 

force equal to it, to occupy the mining districts within miles 

of Zacatecas; and, should the surplus be sufficient, I shall also oc- 
cupy the mining district of San Luis de Potosi, unless propositions 
of peace, on the part of Mexico, of such a character as to give a 
strong probability of their acceptance by our government, combined 
with an evident steadiness of purpose at Queretaro, may possibly 
cause me not to disturb the government at that place, but to pass it 
at, some distance to the right or left. An indirect overture for an 
armistice I have already declined. 

In making the proposed distant detachments, I shall endeavor to 
send together about equal portions of regulars and new volun- 
teers. The new York, South Carolina, and Pennsylvania regiments 
(the 2d Pennsylvania,) with me, have been exceedingly reduced in 
numbers, as are also all the regular regiments. 

I invite attention to the accompanying order, No. 358, respecting 
bullion and coins. I am engaged in collecting the statistics of 
finance in this country for the period a little before the commence- 
ment of this war. It is possible that if we should be able to oc- 
cupy the principal mining districts and seaports of Mexico, and 
keep the great highways clear of guerilleros and other robbers, the 
per centage on the precious metals — coinage and exports — and du- 
ties on increased imports of foreign commodities, might amount to 
ten or twelve millions a year; but on the approach of even Mexican 
troops, in periods of revolution, the miners always run away from 
their work, and are rarely brought back in months. The some dif- 
ficulty may be apprehended from the approach of our troops. Be- 



[52] 



142 



sides, the mints, (some seven or eight,) by payments in advance^, 
have, I learn, hired the privilege of coinage for a term of years, 
and they are mostly, if not entirely, in the hands of neutrals. And 
in respect to other internal resources of ordinary revenue, I suppose 
they cannot be made available towards the support of this army, 
except by the occupation of the State capitals and through the State 
authorities. To collect such revenue directly, by means of agents 
of our own — Mexican or American — would require a host of civil 
employes, involving much extortion, waste, and corruption. The 
superintendence of the latter system would be extremely repugnant 
to my habits and feelings. But, I repeat, I have but recently com- 
menced the study of the subject. By the arrival of adequate rein- 
forcements, I hope to be better informed, and, under a general 
system to be devised, to be able to collect, in the interior, at least 
a part of the means necessary to support the occupation. 

I have to acknowledge despatches from the department dated 
July 12 and 19, both received October 31; September 1, received 
November 17; October 6, received November 18; and October 24, 
received November 16. In the despatch of the 19th July, it is said 
a duplicate of one dated "the 14th ultimo" is herewith enclosed. 
Neither copy has been received, and only the duplicate of that 
dated July 12. In respect to the latter, I have only time to say, 
that I have ample topics for reply and self-justification, but waive 
them for the present. 

I shall probably, in three or four days, write again by the down- 
ward train. I now avail myself of a messenger who can only take 
a few letters and packages. 

I have the honor to remain, sir, with high respect, your most 
obedient servant, 

WINFIELD SCOTT. 

Hon. W. L. Marcy, Secretary of War. 



Head-quarters of the Army, 

Mexico, November 25, 1847. 
General Orders — No. 358. 

Under instructions from the government at home, requiring that 
this army shall, as soon as practicable, begin to raise, within the 
country it occupies, the means, in whole or in great part, of main- 
taining the expenses of the occupation, until the federal govern- 
ment of Mexico shall submit terms of peace which the United 
States may honorably accept, it is ordered that no uncoined bullion, 
bars or ingots, either of gold or silver, shall be shipped from any 
port of Mexico, until the further orders of the government at home 
shall be made known on the subject, so as to give time for said 
government'to fix the rate of export duty on such bullion, and per- 
haps a smaller duty on gold and silver coins. 

As the beginning of the change of system intimated above, all 
rents for houses or quarters occupied by officers or troops of the 
army, in any city or village in Mexico, will cease as soon as con- 



143 [ 52 ] 

Tacts may permit, and absolutely from and after the end of this 
month, wherever this order shall be received in time; and, in fu- 
ture, necessary quarters, both for officers and troops, where the 
public buildings are insufficient, will first be demanded, as required, 
of the civil authorities of the several places occupied by the troops, 
so as to equalize the inconvenience imposed upon the inhabitants, 
and diminish the same as much as possible. 

If the authorities fail to put the troops promptly in possession of 
such quarters, then the commanding officer, in every such case, fol- 
lowing out the same principle of giving the least distress practica- 
ble to the unoffending inhabitants, will cause the necessary build- 
ings to be occupied. 

Subsistence, forage, and other necessaries, for the army, will be 
purchased and paid for as heretofore; and the injunctions and pen- 
alties of the martial law order, dated February 19, 1847, originally 
published at Tampico, and republished several times since, with 
additions, will, as from the first, be strictly enforced, as also, in 
general, all the obligations of good morals and the most exact 
discipline. 

By command of Major General Scott: 

H. L. SCOTT, 

A. A. A. G. 



[No. 37.] Head-quarters of the Army, 

Mexico, December 4, 1847. 

Sir: I had designed to send down to Vera Cruz, some five days 
ago, another, or a second train of wagons, under an escort, princi- 
pally to furnish means of transportation, in part, for reinforce- 
ments at that city destined for this place; but learning nothing of 
the approach of Major General Patterson's column (or of any other) 
since his report from Jalapa of the 10th ultimo, and hearing unof- 
ficially that the train (400 wagons, 150 for reinforcements) de- 
spatched hence the first of that month was likely to be detained by 
some unknown cause at Vera Cruz, till the 1st or 5th of the pre- 
sent month, I have been obliged to delay the second train, as the 
force here and at Chapultepec " fit for duty" is only about 6,000 
rank and file; the number of " sick," exclusive of officers, being 
2,041. 

What has detained Major General Patterson so long at Jalapa, I 
am at a loss to conjecture. He reported on the 10th ultimo that 
he would renew his march in ten days, in which case he would now 
have been here, but very late unofficial news from Puebla is silent 
on this subject. Lieutenant Colonel Johnson, who will command 
the first train returning yp, has probably been detained at Vera 
Cruz, waiting for the arrival of essential articles of clothing from 
New Orleans. All the reinforcements which have joined me via 
New Orleans, since I left Vera Cruz, have reported that they were 
officially told, before leaving their respective rendezvous, they 
would find abundant clothing at New Orleans, and there; that the 



[52] 



144 



depot at Vera Cruz would be found ample; whereas not a sixth, 
perhaps an eighth part, of the clothing needed by this army has 
reached the latter depot since we landed early in March, except, 
perhaps, very recently; and that little, it is now reported, has been 
issued to the troops that have arrived there since about the middle 
of September; they also, it is presumed, having left home with in- 
sufficient clothing. Please recur to a notice on the same subject, 
in my report to the department (No. 30) dated July 25. If, there- 
fore, Lieutenant Colonel Johnson be waiting at Vera Cruz for the 
article so much needed hero, he will, in the end, probably learn 
that one clothing depot is as empty as the other. We have caused 
a great number of garments of absolute necessity to be made here, 
but of inferior materials and at high prices compared with those of 
Philadelphia. 

Mr. Trist will go down with the next train. 

No proposition has been made to me, looking to peace, by the 
federal government of this republic, or its commissioners; the latter 
understood to be still in this city. I have not seen them. 

In the act of writing, I learn through a merchant that Major 
General Patterson was, on the 2d instant, expected at Puebla the 
following day. 

I have the honor to be, sir, with high respect, your obedient 
servant, 

WINFIELD SCOTT. 

To the Hon. Secretary of War. 

P. S. — T he foregoing letter was despatched the day of its date, 
by a hired Mexican. I have just learned that he was robbed of his 
despatches and horse, near and in sight of our new post at Rio 
Frio, occupied by new troops. 

I send this duplicate with copies of the same papers which ac- 
companied the original, to overtake the second train that left here 
fur Vera Cruz yesterday, under the orders of Brigadier General 
Twiggs, who will assume command of the Vera Cruz department, 
after inspecting the intermediate garrisons of Rio Frio, Puebla, 
Perote, Jalapa, National Bridge, and San Juan. 

Colonel Hays, with five companies of rangers, and Major Lally, 
with a detachment of regulars, arrived here the 7th instant. Major 
General Patterson came up the following day, and Brigadier Gen- 
eral Gushing and brigade were close behind. I have not yet been 
able to obtain a return of those reinforcements; but Major General 
Patterson thinks they may in all amount to 3,500, officers and 
men. 

I have nothing else to add of interest, .except that Major General 
Butler's column, as well as the train sent hence the first of Novem- 
ber, are both expected hpre in about a week. 

WINFIELD SCOTT. 

Mexico, December 10, 1847. 



145 



[52] 



War Department, 
Washington, December 14, 1847. 

Sir: You will herewith receive a copy of the President's mes- 
sage to Congress, and also a copy of the annual report from this 
department. The message will make you acquainted with the views 
of the President in regard to the future prosecution of the war. 

It is expected that you will use the force under your command to 
hold the city of Mexico, and other places now in your possession, 
and to keep open the communication from that place to Vera Cruz, 
so that supplies, munitions of war, and merchandise, can be safely 
conveyed along that line with only a small force to escort and pro- 
tect them. Should robbers and guerilleros continue to obstruct 
the road, to plunder and murder as heretofore, the most vigorous 
measures should be pursued to punish them, and prevent their 
depredations. It is desirable to open the country to the ingress 
of merchandise from the ports in our possession to the utmost 
practicable extent. In this way it is anticipated that considerable 
assistance will be derived towards meeting the expenses of the war. 

You will perceive that the government here contemplate that the 
resources of the country are, to a considerable extent, opened to 
us, and that they are to be resorted to for the purpose of diminish- 
ing the burden of our expenses. It is also expected you will make 
them available for this purpose as far as practicable. 

The internal revenues to the extent, at least, to which they were 
levied by the Mexican government, are to be kept up and paid over 
to the use of our army, so far as it is within our power to control 
them, with the exception of the departmental or transit duties, men- 
tioned in a -former communication. For this purpose, and to de- 
prive the enemy of the means of organizing further resistance to 
protract the war, it is expedient to subject to our arms other parts 
of his country. What those parts shall be is left to your judgment. 
Our object is to obtain acceptable terms of peace withia the ear- 
liest practicable period, and it is apprehended that this object can- 
not be speedily obtained without making the enemy feel that he is 
to bear a considerable part of the burden of the war. 

Should there not be at this time a government in Mexico of suffi- 
cient stability to make peace, or should the authority which there 
exists be adverse to it, and yet a large and influential portion ef 
the people really disposed to put an end to hostilities, it is desira- 
ble to know what prospect there is that the latter could, with the 
countenance and protection of our arms, organize a government 
which would be willing to make peace, and able to sustain the re- 
lations of peace with us. It is presumed that your opportunities 
of knowing the disposition of the people of Mexico will enable 
you to furnish your government with correct information on this 
subject; and the President desires to be furnished with your views 
thereon. 

Major General Taylor has obtained leave of absence from his 
command to visit his family. He will remain in the United States 

10 



[52] 



146 



for six months from the first instant, unless the exigencies of the 
public service shall require his earlier return to Mexico. 
Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 
Major General Winfield Scott, 

Com?7ianding United States Army, Mexico. 



[confidential.] Wa4 Department, 

January 26, 1848. 

Sir: I presume that the correspondence of this department with. 
Major General Scott is already in your hands, and that you are in 
discharge of the duties devolved on you by the order of the 13th 
instant. You are therefore fully apprized of the character in which 
N. P. Trist, esq., was sent to Mexico, and of his recall by the 
President. The recall of the commissioner was accompanied by 
an order that the general in command should receive and transmit, 
for consideration here, any overtures or propositions for peace 
which the Mexican government might think proper to submit through 
him. From despatches recently received from Mr. Trist, acknowl- 
edging the receipt of his letter of recall, it is understood, that since 
its receipt he has been engaged in negotiations with the Mexican 
government. This assumption of power imposes on the President 
the painful necessity of maintaining the authority of his office, and 
of enforcing obedience to his orders. If, on the receipt of this 
despatch, Mr. Trist shall not have signed a treaty, it is the order 
of the President that you communicate to the Mexican government 
that he will no longer be recognised by this government, as author- 
ized to continue the negotiation. 

In communicating this fact, the President directs that you will 
make k%o\vn to the Mexican government that his desire for the 
restoration of peace and for a just and honorable adjustment of the 
matters in controversy between the two republics, is unabated; and 
that any proposition for this desirable consummation which the 
Mexican government may think proper to submit or place in your 
hands to be transmitted, will be considered by this government 
with an anxious desire to promote a pacific result. 

If Mr. Trist shall have actually signed a treaty, you will make 
no communication on the subject to the Mexican government; the 
President will dispose of the subject when communicated to him, 
as of course it will be, in such a mode as the great public interests 
involved may require, giving due weight to the circumstances un- 
der which Mexico may have acted, and uninfluenced by the unpre- 
cedented conduct of our late commissioner. 

If, when you receive this despatch, the circumstances are such 
that you make to the Mexican government the communication as 
herein directed, you will inform Mr. Trist of this order and of its 
execution on your part; and that he will no longer regard himself 



147 [ 52 ] 

as being at the head-quarters of the army, under the orders of his 
government. 

Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 
Major General W. O. Butler, 

Commanding U. S. Army^ Mexico. 

[Written in pencil on a slip of paper.] 
[Private ] 

Dear General: You may infer that it is intended that you should 
give the notice, if necessary to be given, by sending copies of the 
despatch; but such is not the case. Stating the substance will 
suffice. 

W. L. M. 

General Butleb. 



[confidential.] War Depa rtment, 

Washington , February 24, 1848. 

Sir: A treaty of peace negotiated by Mr. Trist and certain Mex- 
ican commissioners has been received by the President, and he has 
sent it to the Senate for ratification, with the exception of the tenth w 
article, which has reference to the title of lands in Texas. This 
article is so entirely inadmissible, that any treaty containing it can 
never be ratified by the United States. Rejecting this tenth arti- 
cle, and perhaps " the additional and secret article," it is probable 
that the treaty will be approved by the Senate and President. 

One of the stipulations of the treaty provides for the payment of 
three million dollars in Mexico, on its ratification by the Mexican 
government. 

If the Mexican government should ratify the treaty in its present 
shape, and thereupon claim the first insta'ment, it is very impor- 
tant that the payment should be withheld until the action of the 
government here is made known in Mexico; for, should the money 
be paid, and the treaty be here modified, as it certainly will be, 
and the Mexican government refuse to adopt the modification, the 
amount so paid will be lost. It is proper to guard against such an 
occurrence. 

Mr. Trist took out with him an authority from the Secretary of 
the Treasury 1o draw for three millions, to be paid on the ratifica- 
tion of a treaty by Mexico, and he may assume to act on that au- 
thority, notwithstanding his recall, No doubt is here entertained 
that his recall is a revocation of his power to draw on his govern- 
ment; yet, considering the extraordinary course of his conduct, it 
would not be very surprising if he should persist in claiming the 



[52] 148 

right to act on the revoked power. If the Mexican government 
should ratify the treaty in the form in which it may be ratified by 
the government here, it will be necessary that we should be pre- 
pared to pay, in the city of Mexico, the first instalment of three 
millions. For that purpose I herewith transmit to you authority 
from the Secretary of^ the Treasury to draw for that sum, to be 
used when the Mexican government shall have ratified the treaty 
in the shape and form in which it shall be ratified by this govern- 
ment. 

To remove all question or cavil as to Mr. Trist's authority to 
act in the matter, I herewith enclose to you the evidence of the 
revocation of his power to draw on the treasury, and you are re- 
quested to deliver a copy of it to him, in the event that the Mexi- 
can government should ratify the treaty as it was made by Mr. 
Trist and the commissioners. On exhibiting to him the enclosed 
evidence of the revocation of his power to draw, you will ask the 
surrender of that power to you. Should he refuse to surrender it, 
you will notify the Mexican government that his power to draw on 
this government has been revoked, and that you are vested with 
authority to do what is required in regard to the payment of the 
first instalment provided for in the treaty. 

From the information here received, it is not probable that th* 
Mexican Congress can be assembled, and the treaty be ratified in 
Mexico, before the course f our government on it will be known. 
Should you be sure of this fact, there will be no occasion for you 
to act on this communication or to apprize any one of its import 
or object. 

As soon as the government of the United States shall have acted 
on the treaty, the result will be immediately transmitted to Mexi- 
co, and all the necessary arrangements made to carry the treaty into 
effect, in all its stipulations, as soon as it is mutually ratified. The 
sole object of this communication is, to prevent the payment of 
any part of the sum stipulated to be paid on a treaty ratified by Mex- 
ico, one article of which (the tenth) cannot be accepted by the 
United States. 

Very respectfully, your obedient servant, 

W. L. MARCY, 

Secretary of War. 

Maj. Gen. Wm. O. Butler, 

. Commanding U. S. Army in Mexico. 



War Department, 



Washington^ February 25, 1848. 

Sib: You were informed, in my despatch of yesterday, that a 
treaty signed by Mr. Trist and commissioners on the part of Mexico, 
and transmitted to this government, has been submitted to the 



149 [ 52 ] 

Senate with a view to its ratification. In the conduct of Mr. Trist 
in remaining in Mexico after his recall, in assuming to himself 
powers which had been revoked, in arrogating to himself the right 
to judge of the best mode of conducting the negotiations with Mex- 
ico, which the constitution has devolved on the President, and in 
inserting in the treaty a provision unjust to Texas, which his in- 
structions never authorized, but especially in his despatches to the 
State Department, the President saw such flagrant violation of duty 
and of decency, that if he had yielded to personal considerations, 
he would have refused to recognise any act of his after he had so 
far disregarded his duty. But looking at the subject with a dis- 
passionate sense of public duty, the President has submitted the 
treaty to the Senate, with a view to its ratification with an amend- 
ment. If the Senate shall approve the treaty with amendment, the 
question will be for the Mexican government and Congress to de- 
termine whether they will concur, and thus terminate the war. No 
public interest can require that Mr. Trist should longer remain at 
the head-quarters of the army. The President feels that he owes 
it to his country and its constitution not to suffer the authority and 
dignity of the high office in which his fellow-citizens have placed 
him to be contemned and insulted by one whose authority as a dip- 
lomatic agent he has deemed it best for the public interest to re- 
voke, and who has proved unworthy of the confidence reposed in 
him. Judging from his past conduct, Mr. Trist, in his contempt 
of the instructions of his government, may feel disposed rather to 
prevent than promote the adoption by Mexico of the modifications 
deemed indispensable by the President, as those modifications, 
when adopted, will effect changes in the treaty signed by him. The 
tone of two despatches addressed by him to the Secretary of State, 
and which, although they came with the treaty to Washington, 
were, by inadvertence, not delivered to the Secretary of State, nor 
brought to the notice of the President, until after the treaty was 
sent in to the Senate, is so objectionable, that while they would 
not have prevented him from pursuing the course which he has 
taken in regard to the treaty, yet he cannot countenance Mr. Trist 
longer occupying a position in which he appears to the world as 
the representative of his government, and of which he avails him- 
self to defy and insult the authority of that government. 

It is not deemed to be necessary to characterize these and other 
despatches from him since his recall, further than to say that they 
are grossly insulting, abound in extraneous and impertinent matter, 
and present such a commentary upon the course of his government 
as could result only from great ignorance or a design to put forth 
perversions and misrepresentations. You will therefore require Mr. 
Trist to leave the head-quarters of the army, and will furnish the 
necessary escort for him to Very Cruz. But if, as has been inti- 
mated, his testimony shall be required in the judicial proceedings 
conducted by the court of inquiry of which General Towson is 
president, you will interpose no objection to his going to and re- 
maining at the place where the court is in session, until his at- 



[ 52 ] 150 

tendance shall be no longer necessary; at which time he must be 
required to leave the country and return to the United States. 
Very respectfully, your obedient servant, 

W. L. MARCY, 
Secretary of War. 
Major General W. O. Butler, 

Commanding the Army of the U. S. in Mexico. 



[private.] New Orleans, (Sunday morning,) 

April 25, 1847. 

My Dear Sir: I reached here from Mobile yesterday morning, 
one day later (as it happened) than ii* I had kept with the mail 
from Montgomery; but every body concurred in representing this 
land route — nominally of 36 hours, but in reality of 48 hours staging, 
without rest — as so excessively fatiguing, that I made up my mind, 
on reaching Montgomery, to take the steamer which was then there 
waiting for us. This was strongly recommended by Dr. Gwinn, 
who had just come up in her, and whom I met at Notasulga, 50 
miles from Montgomery, on his way to New York via Washington. 
He represented the land route as the most fatiguing in the United 
States, and considered it next to certain that the steamer would 
reach Mobile before the mail; as would have happened, had she 
not lost about five hours on the river, in consequence of the ex- 
treme darkness of the nights. 

Anticipating the possibility of this determination on my pa.t, I 
had, during the hour that we had stopped at Atlanta, in Georgia, 
written a letter to Mr. Prieur, requesting him to take the necessary 
steps for holding the best of the cutters in readiness for sailing at 
a moment's warning on Saturday. This letter I mailed at Mont- 
gomery, and Mr. P. received it on Friday, the day that I should 
have reached here, had I remained with the mail. Unfortunately, 
however, Captain Foster (who has the direction of the cutter ser- 
vice here) had put to sea a few days previously, in the only steam 
cutter on the station at present, for the purpose of regulating her 
.compass, &c. 

But for this contretemps, I should have gone down the river yes- 
terday afternoon, and been fairly out at sea before' this time. It 
will not, however, cause me to lose more than two days; at least, 
there is no probability that it will, as you will see from the follow- 
ing statement of the circumstances of the case: 

Independently of my movements, one of the lieutenants of the 
revenue service, (Rogers,) had been detailed to set out yesterday, 
at one o'clock, (in the same steamer that brought me from Mo- 
bile, and which starts back at that hour,) to carry to Captain Fos- 
ter at Cat isjand or Ship island, where he would be lying, des- 
patches received the day before from the Treasury Department. 
My first thought was to go with him; but upon reflection, I per- 
ceived various conclusive reasons against my taking this course. 



151 [ 52 ] 

One of these was, that to go back in that way in the very same 
steamer that brought me. to be dropped on a desert island with my 
baggage, in quest of a chance to get to a revenue cutter, would be 
to give immediate publicity to the whole affair. I therefore got Mr. 
Prieur to write to Captain Foster, (enclosing a copy of the Secre- 
tary of the Treasury's letter, as a full warrant for such an order,) 
desiring him to proceed instantly to the mouth of the river, and 
there await the gentleman mentioned in the Secretary's letter. 
Should Lieutenant Rogers lose no time in reaching Captain F., and 
should every thing prove favorable, the captain will be at the 
mouth of the river early to-morrow. Secrecy has been enjoined 
upon him. 

This order having been despatched, I considered the whole mat- 
ter settled, and intended to go down last evening in one of the 
tow boats. But reflecting on what Mr. Prieur had told me respect- 
ing this steamer, (the " Bibb," I think she is called,) and then con- 
sulting with him upon the subject, I came to the conclusion that I 
might find myself at the mouth of the river without a vessel to pro- 
ceed in. This is the steamer's experimental trip, and it may have 
been found that she is not fit for the sea. Mr. P. says our navy 
officers pronounced her unfit, from the size of her masts and spars; 
and although she has undergone alterations to the amount of some 
$800, she may have proved unfit from other causes. She was built up 
the river somewhere, (Cincinnati or Pittsburg,) and is, I think, the 
twin sister, or the cousin german, of the very vessel which was 
lost in the gulf a few weeks ago, and was so near proving the cof- 
fin of her whole crew, including Lieutenant McLaughlin, her con- 
triver. So, after taking all this into consideration, I got Mr. P. to 
give a second order; to the effect, that one of the sailing cutters, 
now here, is to proceed immediately to the mouth of the river, 
take in a month's provisions, and await further orders. If, on see- 
ing Captain Foster, I find that he has any doubt whatever about 
his vessel's being a safe sea boat, I shall go in the sailing cut- 
ter; for, to say nothing of considerations more peculiar to myself, 
the object of my mission would be but very little furthered by 
your letter's going to Davy's locker, instead of the city of Mexico. 

What I have given you above, tediously detailed as it is, is but a 
slight sketch of the matters that I had to take into consideration 
before concluding upon the course I have adopted. For instance: 
so soon as I learned that the steamer was not nere, I determined at 
once to go in one of the others, and I requested Mr. P. to give the 
order for her to be got ready to go down with the tow (or tug, as 
they call them in England) of last evening. I qualified this re- 
quest, however, by desiring him not to give the order until he 
should have ascertained that I should gain time by sailing at once, 
instead of waiting until the steamer could be brought round. He 
came back and told me that Captain Nones said that the steamer 
is now a perfectly safe sea-boat, and would go, with certainty,, to 
Vera Cruz in three to four days, whilst it would take the sailing 
cutters eight or ten. It was on learning this, that I concluded to 
send the order to Captain Foster to repair instantly to the south- 



[52] 



152 



west pass. I shall go down this evening, if there be an opportunity; 
and if not, certainly to-morrow evening, for there is no doubt about 
opportunities then. According to present probabilities, therefore, 
I shall put to sea in the course of the forenoon of to-morrow or 
of the day after. 

On reaching the railroad depot, (the steamer from Mobile lands 
its passengers on the shore of Lake Pontchartrain, whence they are 
brought by a short railroad to the city,) which is fortunately in the 
lower end of the city, I inquired for a Spanish or French tavern in 
that quarter, but was told that there is nothing of the kind there 
except sailor boarding houses. 

I was compelled, therefore, to come up to within a half a square 
of the St. Louis — the great French exchange and hotel combined — 
and within sight of the St. Charles, into neither of which could I 
venture without the certainty (besides having my name gazetted) 
of meeting within the first five minutes some one who would be sure 
to say, "You here! Oh, you are going to Mexico, I suppose." 
Then there would be Slidel), and Soule, and dozens of others, calling, 
and making remarks, which, in whatever way they might be treated, 
woula have the effect of disclosing everything to all practical in- 
tents. I am, therefore, at the Hotel d' Orleans, a well-thronged 
French auberge, of the economical order, where the old lady writing 
my name in her book "Docteur Tarreau," I corrected her by 
making her substitue a round o in place of the eau, saying, "c'est 
un nom espagnol." Having put my baggage under her charge, I 
sallied forth in quest of a hack, and it was some time before I 
could find a close carriage, almost all their hacks here being (under 
the name of cabs) open chaises on four wheels. Having at last 
found one, I drove off to Mr. Prieur's house with a note I had 
written him; but he had just gone out; and though I pursued him 
successively to two other houses, it was with the same result; and 
I had to return to my auberge breakfast at 8 o'clock, and there 
to await patiently the fruit of my bargain with the French-Creole- 
negro-hackman, whom good fortune had thrown in my way, for he 
knew Mr. P. personally. He went and took his station at the cus- 
tom-house, watching for his arrival there, and brought him to me 
about half past 10, from which time he devoted himself to me with 
all possible kindness and cordiality, touching upon the subject 
which brings me here but once, and then merely to observe that he 
had immediately inferred what the object of my mission must be. 
This is all that has passed between us in regard to it. 

By means of his acquaintance with the old Spanish merchants, I 
have obtained a Catalan as a criado de mano, or body servant. He 
is well recommended, and, fiom his appearance, I am strongly dis- 
disposed to think he will justify the recommendation. It is the 
first time in my life that I have ever thought of indulging in such 
an expensive luxury, (and it will be quite an expensive one in this 
case: his wages, which he has left to me to fix, "after he shall have 
served me the two, three, six, eight, or ten months, or whatever 
the term may be," will probably be $25 or $30, graduating them 
by what men of that class can earn here;) and if I do indulge in 
it, it is not at all with reference to the personal comfort attending 



153 [ 52 J 

it, but to more important considerations. It is not at all impos- 
sible that I may be, for a time, so situated as to make it quite im- 
portant to the object of my mission to have some one person at 
least connected with me, and gathering the small news for me, 
whilst I shall be surrounded on all sides by the enemy: and in case 
of illness, I shall have a faithful servant to watch over me; and 
though I do not apprehend being sick, it is quite a comfort to me, 
and will be a far greater one to Mrs. T., to know that I am thus 
provided beforehand. The inquiry for such a servant was made on 
behalf of a French merchant, who is going to Mexico for a term 
which may prove very short, or last several months, according to 
circumstances; and this is the character in which he knows me. 

I have written until I am tired, and fear that you will tire be- 
fore you reach the same point; but I thought it best to go into de- 
tails, knowing the anxiety which both the President and yourself 
will feel in regard to my making headway. 

With faithful esteem and friendship, yours, 

N. P. TRIST. 

Hon. James Buchanan. 



United States Revenue Cutter, "Ewing," 

Vera Cruz, May 6, 1847. 

Sir: We have this moment cast anchor in this harbor, after a 
passage of eight days from the mouth of the Mississippi; and hav- 
ing been boarded by Captain Stringer, of the navy, I have learned 
from him that a large escort is to leave this day for head-quarters, 
under circumstances which will probably determine me to set out 
with it. I had intended, in my first communication, to give you 
the result of my reflections, since my departure from Washington, 
with reference to the isthmus of Tehuantepec, and the state of 
things which I may possibly find existing at the city of Mexico in 
regard to that subject. These have led me to the conclusion, that 
not only may my success in making a treaty of peace be promoted, 
but a most important collateral object secured, by means of a secret 
additional article to that treaty, totally distinct therefrom, so far 
as regards ratification or non-ratification by our government, on the 
subject of the isthmus. 

You will excuse this hurried scrawl, in consideration of the cir- 
cumstances under which it is written; the state of things mentioned 
by Captain S. having determined me to send by him a message to 
the governor of ^era Cruz, requesting him not to allow the escort 
to depart until he shall have seen me. My health is perfect. I 
learnt from our Mexican pilot that there is a good deal of fever 
among our troops here, but no vomito as yet. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 

You will deeply regret to learn i^ at our friend General Shields 
is considered in great danger from a wound received at Cerro Gordo. 



[52] 



154 



[confidential.] Vera Cruz, (Friday night,) 

May 7, 1847. 

Sir: A hasty scrawl written yesterday on board the "Ewing," 
immediately upon entering port, (and erroneously dated the 7th, 
from my not adverting to the difference between "sea time" and 
the way of counting the days on shore,) will have apprized you of 
my safe arrival here; and I now, at 11, p. m., after having passed 
the day in making the necessary arrangements for my departure to- 
morrow morning, sit down to write a few lines in addition to those 
of yesterday. 

This I should have postponed doing until my arrival at Jalapa, 
but for the fact that General Scott expects (as I was confidentially 
informed yesterday by Colonel Wilson, the governor of this place) 
that all communication between himself and the seaboard will be 
for a time cut off, after the opportunity afforded by the large train 
which is to leave to-morrow,- under a strong escort of somewhere 
about one thousand men, all told. This will consist in part of the 
"Tennessee dragoons," under Lieutenant Colonel Allison, of whom 
I have formed a very favorable opinion. The colonel of the regi- 
ment is in the upper country with General Scott. 

This train carries, among numberless other things, a large amount 
in specie; and the universal impression here yesterday (entertained 
by Colonel Wilson himself) was, that it would be attacked on the 
road; though no one considered it at all uncertain what the result 
would be. Tins evening, however, the conjectures seem to incline 
somewhat decidedly the other way, and I myself consider the pro- 
bability to be that it will not be assailed. General Scott had sent 
orders that it should not move until after the arrival of a downward 
train, which was expected here somewhat anxiously when I landed 
yesterday. It came in last night, having passed unmolested, al- 
though under a guard of ninety men only. This guard, consisting 
of a detachment of the United States rifle regiment, (Persifor 
Smith's,) which is the terror of the Mexicans, under the appellation 
of the "Malditos rifleros," will form part of the escort of the train 
to-morrow; the greater part of which has already gone off during 
the day, and will await the rest at Santa Fe, to make a fair start 
day after to-morrow morning. We shall probably be overtaken by 
Captain Ruff, (whose appearance is every way promising,) with a 
full company of the "United States rifles," the greater portion of 
which is here ready to move, and the remainder momentarily ex- 
pected. • 

You will readily conceive that my determination to go up with 
this body has been taken in consequence of the utter uncertainty 
as to the time when another equally safe opportunity might occur, 
however favorable the state of things above might be to the object 
for which I have been sent. It is impossible to obtain any satisfac- 
tory information in regard to what this state of things now is; 
(every man here, without exception, from the governor down — at 
Jeast among the officers holding responsible stations — having every 
moment of his time too urgently engrossed to permit to give his 



155 [ 52 ] 

attention to anything but the duties of the moment.) I am induced, 
however, to believe that it would at the present instant have been 
favorable in a very high degree, if Santa Anna's defeat at Cerro 
Gordo could but have been a little less inglorious to himself per- 
sonally. And whether he be or be not forever prostrate, (which he 
is generally considered to be,) some other tangible head of the 
nation may at any moment arise, and the opportunity be lost if I 
iremain down here, particularly with the communications cut off. 
' Colonel Wilson left it entirely to me to determine every point in 
regard to the despatches for General Scott; and the result of my 
consideration of the various alternatives that present themselves 
was, that they left here (including of course the letter to the min- 
ister of foreign relations) yesterday, about 5, p. m., in charge of 
Lieutenant Lacey, of the Tennessee dragoons; a picked officer, of 
most prepossessing appearance, accompanied by 40 picked men of 
the same regiment. This force I considered the proper medium for 
reconciling perfect safety with expeditious travelling; and the des- 
patches are before this time doubtless in the hands of Gen. Scott, 
(at Puebla, in all probability,} together with a letter from me, of 
which I had no time to take a copy. 

I was never more pleased with any man, on so short an acquain- 
tance, than I am with Colonel Wilson. The selection of him for 
this post was manifestly a most judicious one. It is, however, 
immensely arduous. One must be here to conceive how very ardu- 
ous — and not only be here, but be acquainted with the character 
and ways of the race over which he is governor. The remark is 
applicable to most other officers here, in any post of responsibility. 
With respect to the amount of toil they have to undergo, their 
position, compared with that of those in the field, is like the base 
of a pyramid compared with the top layers. Some of them are 
evidently overtasked; for instance, I deem it next to impossible 
that Captain Hetzell should hold out long in this climate, where 
head labor, (and, above all, head distraction, from numberless 
things claiming the attention in rapid succession,) when carried 
beyond a certain point, is the most killing thing that a man can be" 
exposed to — if he is not relieved from a portion of the labors by 
which I see him oppressed. I have not exchanged a word with him 
on the subject; but it is evident to me that they are entirely too 
much for any one man to stand up under long, in any climate. 
The only remedy for this would be to send out two or three truly 
capable and efficient men, really competent to subdivide the duties 
amongst themselves, and to discharge them. As to "quartermas- 
ters," there is no lack of them; but I have most sorry accounts of 
them, of which strong corroboration stares one in the face, all 
round. 

The new tariff went into operation yesterday. The plan of hav- 
ing the duties discharged by officers of the army, or persons at- 
tached to it, it, so far as regards this place, (and 1 believe it must 
de so at every base of operations,) entirely out of the question — a 
physical impossibility., for the present at least. On being consulted 
by Colonel W. — who appeared very much disheartened at this un- 



[52] 



156 



expected addition to his burden — I advised him to consider the sub- 
ject as being only in an especial manner under his control and 
supervision, and to let the work under the new tariff be done by 
the same persons as under the existing arrangements. That the au- 
thority to employ all necessary agents and instruments for their 
collection and safekeeping upon just and favr principles, (provided 
only they really be necessary,) is necessarily involved in the power 
to levy military contributions, js too manifest to my mind to admit 
of a word of rational argument on the subject. I was also con- 
sulted by Commodore Perry upon some new points intimately con- 
nected with the raising of a revenue from these people, which I 
will explain hereafter; and I unhesitatingly advised him to take 
the responsibility, or, in other words, to exercise, until he can re- 
ceive instructions on the subject, the power which is necessarily 
attached to his position. 

I am, sir, very respectfully, your obedient servant,* 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 

P. S. — More recent intelligence respecting General Shields, as I 
am most happy to say, is every way satisfactory. He is at Jalapa, 
out of danger. 



[No. 4.] 

Jalapa, May 21, 1847. 

Sir: I have the honor to transmit herewith a very extraordinary 
letter, (if, indeed, anything from his pen can properly be so desig- 
nated,) received by me from General Scott, together with a copy 
of my reply and of a letter enclosing that reply. 

Although the explicit order delivered to him in the latter, on 
behalf of the President, with respect to the transmission of the 
communication from yourself to the minister of foreign affairs, may 
perhaps prove effectual, I beg leave to suggest for consideration 
whether it would not be advisable to despatch to General Scott a 
special order, through the War Department, confirming the one 
thus delivered by me; for, from the officer capable of writing such 
a letter, under any circumstances — and, above all, such as it was 
written in, so totally wanting in anything like provocation — I do 
not know what to anticipate or not to anticipate. 

Excepting a report which came in here last evening that Gen- 
eral Herrera had been elected President, and that thi^ event is con- 
sidered favorable to peace, no news whatever has been received 
here since my arrival. When we reach Puebla — for which I shall 
set out to-morrow afternoon with General Twiggs's division — I hope 
to have it in my power to give at least some account of political 
affairs and prospects, whether favorable or unfavorable. A youth 
from Guadalajara, who is here on his way to Vera Cruz to embark 



157 [ 5.2 ] 

for England, tells me that in his native place (some 300 leagues 
nearly from Mexico) all are in favor of continuing the war, at 
least there is but a handful of trie opposite sentiment. But in the 
city of Mexico, where he passed a month, there is a very strong 
party in favor of peace. This I consider good evidence of the 
state of public opinion, on that face of it which is likely to catch 
the eye of persons of his class — intelligent and modest lads of the 
age of 17 or 18. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 

P. S. — On the occasion of transmitting this correspondence with 
General Scott, I should do him injustice, although he could not be 
injured thereby with any person at all conversant with his charac- 
ter, were I to omit to mention that, so far as " respect" for the 
government can be proved by such outward acts as bear the same 
relation to this sentiment which genuflexions and upturnings of the 
eyes bear to religion, nothing could have been more perfect than 
the proof afforded in my case of the sincerity with which he pro- 
fesses the established creed upon this point. Not only was I met 
on the road, as we approached the city, by General Scott's aid-de- 
camp and the chief of the quartermaster's department, deputed by 
him to conduct me to the quarters which he had caused to be se- 
cured for roe, but I was subsequently called upon by the governor, 
in compliance with orders from the general-in -chief, to offer me a 
guard, (which I declined, there being no necessity for it.) So far, 
therefore, as ceremonial goes, and attentions to my person, as that 
of M a functionary of the government," nothing could be added to 
the proof, which it receives in this shape, of respect for its 
authority. 



Head-quarters of the Army, 

Jalapa, May 7, 1847. ] 

Sir: I have just received your note of yesterday, accompanied 
by communications to me from the Secretary of War, and one 
(sealed!) from the Department of State to the minister of foreign 
affairs of the republic of Mexico. 

You are right in doubting whether there be a government, even 
de facto, in this republic. General Santa Anna, the nominal presi- 
dent, has been, until within a day or two, in the neighborhood of 
Oriziba, organizing bands of rancheros, banditti, or guerillas, to cut 
off stragglers of this army, and, probably, the very train, all im- 
portant to us, which you propose to accompany into the interior; 
the safety of which train has detained me here and caused me a 
high degree of solicitude. Hence I regret that Colonel Wilson, 
commanding at Vera Cruz, has allowed himself, a second time, to 



[52] 



158 



persuaded to detach, to bring up despatches, (for your accommo- 
tion ) a material portion of the force I had relied upon as the 



be 

escort of that train. The other detachment to which I allude came 
up some days ago to escort Lieutenant Semmes, of the navy, duly 
accredited by Commodore Perry, to the Mexican minister of for- 
eign affairs, to negotiate the exchange of Passed Midshipman 
Rogers now a prisoner of war. That matter, also, seems to have 
been considered too important to be entrusted to my agency! 

Eut, to return to the actual government of Mexico. Sefior An- 
aya is, I believe, president, ad interim. But you may have learned 
that the Congress, after hearing of the affair of Cerro Gordo, passed 
many violent decrees, breathing war, to the uttermost, against the 
United States; declaring that the executive has no power, and 
shall have none, to conclude a treaty, or even an armistice, with 
the United States, and denouncing as a traitor any Mexican func- 
tionary who shall entertain either proposition. I have communicated 
a copy of those decrees to the War Department, and, until further 
orders thereupon, or until a change of circumstances, I very much 
doubt whether I can so far commit the honor of my government as 
to take any direct agency in forwarding the sealed despatch you 
have sent me from the Secretary of State of the United States. 

On this delicate point, however, yau will do as you please; and 
when, if able. I shall have advanced near to the capital, I may, at 
your instance, lend an escort to your flag of truce; and it may re- 
quire a lar.ge fighting detachment to protect even a flag of truce 
against the rancheros and banditti who now infest the national road, 
all the way up to the capital. 

I see that the Secretary of War proposes to degrade me, by re- 
quiring that I, the commander of this army, shall defer to you, the 
chief clerk of the Department of State, the question of continuing 
or discontinuing hostilities. 

I beg to say to him and to you, that here, in the heart of a hostile 
country, from which, after a few weeks, it would be impossible to 
withdraw this array without a loss, probably, of half its numbers 
by the vomito, which army, from necessity, must soon become a 
self-sustaining machine, cutoff from all supplies and reinforcements 
from home until, perhaps, late in November — not to speak of the 
bad faith of the government and people of Mexico — I say, in re- 
ference to those critical circumstances, this array must take military 
security for its own safety. Hence, the question of an armistice or 
no armistice is, most peculiarly, a military question, appertaining, 
of necessity, if not of universal right, in the absence of direct in- 
structions, to the commander of the invading forces; consequently, 
if you are not clothed with military rank over me, as well as with 
diplomatic functions, 1 shall demand, under the peculiar circum- 
stances, that, in your negotiations, if the enemy should entertain 
your overtures, you refer that question to me, and all the securities 
belonging to it. The safety of this army demands no less, and I 
am responsible for that safety, until duly superseded or recalled. 
Indeed, from the nature of the case, if the enemy, on your petition, 



159 [ 52 ] 

should be willing to concede an armistice, he would, no doubt, 
demand the military guaranty of my signature, for his own safety. 

Should you, under the exposition of circumstances I have given, 
visit the moveable head-quarters of this army, I shall receive you 
with the respect due to a functionary of my government; but 
whether you would find me here, at Perote, Puebla, or elsewhere, 
depends on events changeable at every moment. 

The sealed despatch from the Department of State I suppose you 
to desire me to hold until your arrival, or until I shall hear farther 
from you. 

I remain, sir, respectfully, your obedient servant, 

WINFIELD SCOTT. 

N. P. Trist, Esq., #c, #c, 8fc. 



Jalapa, May 20, 1847. 

Sir: The enclosed reply to the tirade against our government, 
which you saw fit to put into the shape of a letter to me, (I regret 
exceedingly that it did not receive a more appropriate form and 
direction, by being made up, at once, into an "article" to adorn 
the columns of some reckless partisan press,) was commenced at 
San Juan del Rio; where, after taking time to recover f*oni the 
amazement which your letter occasioned, and coolly to reflect upon 
its extraordinary character — as I have repeatedly done since on the 
journey — I passed nearly the whole night in writing, so desirous 
did I feel to dismiss the unpleasant subject from my mind. Hav- 
ing motives also for wishing that my reply should reach you be- 
fore my arrival here, I purposed finishing it at the first place where 
it could be resumed. With this view, when we reached El Encero, 
I got out my writing materials, intending to pass the greater part 
of the night in this labor, and that of taking a copy. This design 
having, however, been defeated by the alette, which we had there 
just about sunset, causing Col. Riley to order the advance of the 
train with which I was to retire from its position in and around 
the house and out-buildings; the completion of my task has, from 
this and subsequent causes, been unavoidably delayed until now. 

I was, most assuredly, not sent to Mexico for any such purpose 
as that of engaging in a correspondence with you; above all, in one 
of the nature of that which I have so unexpectedly found forced upon 
me; and I doubt whether the government will approve of my having 
allowed myself to employ any portion of my time in it. Certain I 
am that this would be censured, but for the fact that your letter 
found me under circumstances rendering it impossible that I should 
occupy myself upon the object for which I was sent here. The 
same excuse will not exist hereafter; and even if it should, num- 
berless other good and sufficient reasons will always exist to com- 
pel me to decline the honor of maintaining a correspondence with 
you. 

The communication from the Department of State to the Mexi- 



[ 52 ] 160 

can minister of foreign relations, transmitted to you by me from 
Vera Cruz has been returned to me, since my arrival at this place, 
by your military secretary, Lieut. Lay. So soon as I shall be en- 
abled to ascertain that the' condition of the government of this 
country is such as to admit of its delivery, it will be again placed 
in the hands of the general-in-chief of our forces, for that purpose. 

Upon recurring to your letter, I find both its tone and its matter, 
with respect to the transmission of this communication, so perfectly 
in keeping with the rest of it, and especially with the light in 
which you have seen fit to consider me — that of an emissary of the 
Secretary of War, through whom and to whom you may "say" 
whatever your honor suggests — that I deem it necessary to make a 
special endeavor, in regard to this very important point, to bring 
down your thoughts from the lofty regions into which they have 
soared, to the one alone appropriate to such plain matters of" busi- 
ness as I am charged with. 

You say that some time hence, perhaps, "I (you) may, at your 
(my) instance, lend an escort to your (my) flag of truce; and it may 
require a large fighting detachment to protect even a flag of truce 
against the rancheros and banditti," &c. 

Now, sir, in reply to this, all I have to do is to deliver to you — 
as I hereby do in writing — (and this for the second time, unless 
my firSt letter was far more" enigmatical than I believe it could 
seem to any honest men, who, upon their conscience and honor 
should be called to respond to the questions, whether you had or had 
not, in this instance, been guilty of a wanton contempt of orders; 
and whether this offence had or had not been aggravated by the 
character of the pretences under which the contempt was indulged 
in, and the contumacy sought to be covered up)— I have, I say, 
sir, to deliver to you this message from your commander-in-chief, 
the President of the United States, to wit: u When the communica- 
tion, bearing the seal of the Department of State, and addressed 
( to his excellency the minister of foreign relations of the Mexican 
republic,' shall be placed in the hands of the general-in-chief of 
the United States army in Mexico, it is the will, order, and com- 
mand of the President of the United States, that the said commu- 
nication shall forthwith be transmitted to its destination under a 
fag of truce; which flag of truce is to proceed from the head- 
quarters of the army, and is to be a flag of truce from the ger.eral- 
in-chief. It is to be protected by such escort as the general-in- 
chief shall deem, necessary and proper for its security against all 
dangers of the road in general, (i?icluding those from 'rancheros 
and banditti,'' in particular.} Whether the escort necessary and 
proper for the purpose shall, in the judgment of the general-in- 
chief, be a corporal's guard, a company, a regiment, or a brigade; 
such necessary and proper escort, whatever it may be, is to be fur- 
nished. The President, at the same time, commands that the 
general-in-chief shall not, for the sake' of carrying out this order, 
do aught which may jeopard the existence of the army, or interfere 
with any movements or operations whatever which he may deem 
necessary or expedient for the most vigorous possible prosecution of 



161 [ 52 ] 

the war. The transmission of the communication above referred to 
is at all times to be deemed a secondary consideration to any of 
those just mentioned; but it is also to be deemed at all times para- 
mount to every thing else, and, so far as may be compatible with 
them, the utmost attention is demanded to it. ,J 

This, sir, is the order and command of the President of the Uni- 
ted States, which — standing as I do to him, for this special purpose, 
in precisely the same relation that one of your aids-de-camp bears 
to yourself, when entrusted with a verbal order from you to a sub- 
ordinate officer — I do hereby convey to the general-in-chief of the 
army. 

You will now, sir, I trust, understand, when the communication 
referred to shall again be placed in your hands, that greatly de- 
ficient in wisdom as the present (and indeed any democratic) ad- 
ministration of the government must necessarily be, it has not, in 
this particular instance, fallen into so egregious a blunder as to 
make the transmission and delivery of that communication depen- 
dant upon the amiable affability and gracious condescension of 
General Winfield Scott. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST, 

To Major General Winfield Scott, 

General in-chief of the U. S. Army in Mexico. 



Bivouac at San Juan del Rio, 
May 9, 1847. 

Sir: Your letter of the 7th instant, directed to me at Vera 
Cruz, and transmitted by Captain Kearney, has met me at this 
place, on my way to the head-quarters of the United States army 
in Mexico, where my instructions require me to be, and for which 
1 set out from Vera Cruz yesterday, in company with Captain Gray- 
son, of your staff, a gentleman to whose kind attentions I am already 
much indebted. 

In the exercise of the discretion left me, as to the precise time 
for proceeding to head-quarters, I should probably have decided 
upon remaining at Vera Cruz, until I could obtain some definite 
information respecting the aspect which things now wear with 
reference to the object of my mission, had it not been for the infor- 
mation confidentially communicated to me by the governor of Vera 
Cruz, confirming, (as your letter again does,) the correctness of the 
impression which I found generally prevalent there, that, after the 
passage of this well guarded train, all communication between our 
army and the seaboard would probably be cut off, and remain 
closed for some time. This consideration, joined with my utter- 
want of all means of judging at what moment a juncture might be 
likely to occur, when every thing, so far as regards the re-estab- 
lishment of peace between the tw T o countries, would depend upo& 
my being on the spot, ready to carry out my instructions, with* 
11 



[ 52 ] 162 

the loss of a single day, determined me to set out forthwith. My 
short slay at Vera Cruz had, consequently, to be employed in 
making the requisite arrangements for leaving with the train, (the 
departure of which was to take place on the morning after my 
arrival, though it did not occur till a day later,) instead of being 
o-iven, as it otherwise would have been, to the examination of files 
of the Mexican papers for the last five or six weeks; whereby alone 
my entire ignorance of all political events since the capture of 
Vera Cruz, and indeed for some time previous, could have been 
dispelled; for I found all our officers at that city so engrossed by 
tbe urgent demands upon their attention which are every instant 
arising, that the only intelligence elicited by my inquiries was, 
that every thing was in the utmost confusion, and that a new presi- 
dent had been elected in place of Santa Anna, and in utter disre- 
gard of his title to the office, under the election of last year. 

No one acquainted with the history of this country could be sur- 
prised at such a proceeding, and I took for granted that it had 
happened exactly so, until I learned from your letter that this new 
president is merely a "president ad interim," not intended to 
supersede Santa Anna, the latter being still "the nominal presi- 
dent," in other words, the recognised head of the government. 

The frantic decrees of the Mexican Congress which you mention, 
I had never before heard of, although, if your letter had found me 
still at Vera Cruz, it would most certainly not have had any such 
effect as that of deterring me from proceeding into the interior, 
and causing me to abandon all idea that my presence there might 
possibly W of use. In themselves, such insane proceedings could 
have had no force whatever upon my mind in forming an estimate 
of the probabilities of peace, and, in my endeavors to judge of the 
weight to which they might be entitled from concurrent circum- 
stances, I should not have lost sight of the fact, that it was from 
the Mexican Congress that these brute fulminations had proceeded; 
the same body, who, calling themselves the representatives of the 
people, and with "God and liberty" for their motto, had allowed 
their country to be crushed under a domestic military tyranny, 
"ar more grinding than the Janissary oppression inflicted upon the 
Greeks by their Moslem conquerors. 

Upon despatching to you the hurried note written a few hours 
after my arrival at Vera Cruz, I did not at all anticipate, sir, that 
a written correspondence was to arise between us, or that any 
communication whatever would be made on your part until I should 
have the pleasure of congratulating you in person upon the bril- 
liant success which has attended your movements. Your letter, 
however, is one which cannot remain unanswered. It imposes 
upon me the duty at once to reply to it by a written correction of 
the misconceptions which, to my very deep regret, no less than 
exceeding surprise, have, from some cause or other, taken posses- 
sion of your imagination upon the receipt of my letter. 

The first of these in importance is the one evinced by the re- 
marks, in the course of which you say: "I see that the Secretary of 
War proposes to degrade me, by requiring that I, the commander 



163 [ 52 ] 

of this army, shall defer to you, the chief clerk of the Department of 
State, the question of continuing or discontinuing hostilities." 

Upon this point, sir, I have to state that the order conveyed to 
you in the letter of the Secretary of War, did not originate with 
that officer, but emanated from him, who, if the constitution of 
the United States be anything but an empty formula, is "the com- 
mander-in-chief" of "this army," and of the whole armed force 
of the United States, in whatsoever quarter of the globe it may be 
directed to operate. In the present instance, this fact is positively 
known to me, and had it not been so, I should still, slight as is my 
acquaintance with military affairs, have taken it for granted, for I 
do not recollect ever to have heard of an instance, in which an im- 
portant order issuing from the War Department, above all 3 one 
manifestly founded upon executive determinations respecting our 
foreign relations, was ascribed to any other source, or in which a 
disposition to treat such order with contempt sought to shelter 
itself under any such cover as the pretence that it was regarded as 
the mere act of the Secretary of War. 

Commodore Perry, to whom the same identical order was issued 
through the Navy Department, and with whom I had a conversa- 
tion on the subject, did not see in it anything at all extraordinary. 
This, however, may have been caused by his being less habitually 
vigilant of, or less gifted with discernment in regard to, the honor 
of his branch of the public service. Or, perhaps, this want of 
penetration on his part may be attributable to his not having equal 
reason for believing his own personal consequence to be so exces- 
sive, and the influence of the Secretary of the Navy to be sc over- 
whelming, that for the mere sake of affording indulgence to the 
personal envy and malevolence of the latter, in the very vilest 
shape in which these base passions can manifest themselves, a most 
important measure of the government (belonging obviously to the 
branch of public duties appertaining to the Department of State, 
and having no reference to the functions of the War Department) 
was deliberately planned and decided upon, and a confidential 
diplomatic agent despatched post haste from Washington, with a 
communication for the Mexican government. 

Thus much in regard to the author of the degradation supp ned 
"by you to be involved in this order. With respect to the degra- 
dation itself, and the imagined necessity of your deferring to me 
on u a military question," the following passage in my instruc- 
tions (instructions which, in making the full explanation referred 
to in my first letter, it was my intention to submit for your peru- 
sal) will, suffice. It shows that "the question of continuing or 
discontinuing hostilities," so far from having been in any manner 
committed to my discretion, is one which ihe President, in the 
discharge of the duty which he owes to our country, has judged 
proper to reserve entirely to the chief executive authority of our 
government: "If the contingency shall occur, on the happening 
of which, as provided by the third article of the proposed treaty, 
hostilities are required to be suspended, you will, without delay, 
communicate this fact to the commanders of our land and naval 



£ 52 ] 1G4 

forces, respectively, the Secretaries of War and of the Navy 
having already issued orders to them for the suspension of hos- 
tilities, upon the receipt of such notice from yourself." 

It is here seen, that the object of the order, thus provisionally 
issued to the commanders of our land and naval forces is, simply, 
that they shall cease to wage war upon Mexico, on the occurrence 
of a certain contingency. This contingency, as it was inttnded 
that you should be fully informed, by the exhibition of the pro- 
posed treaty, immediately upon my reaching head-quarters, is ? 
the ratification-, by the Mexican government, of a definitive treaty, 
establishing peace between the two countries. No power or discre- 
tion whatever — no shadow of any such thing, is vested in me, with 
respect to the suspension of hostilities. So far as this measure is 
connected with my mission, or can by any possibility grow out of 
my mission, it cannot take place except upon the occurrence of 
a "state of things strictly defined by the President. A treaty of 
peace and amity, such as I am empowered to make, must first be 
concluded, and not only concluded, but ratified by Mexico; and 
then, upon notice of this state of things, given by me to the re- 
spective commanders, the order for the suspension of hostilities is 
to come into force, thi3 order being the President's order, emana- 
ting from him, through the appropriate departments, and not my 
order. To represent it as mine, strikes me as being no less obvi- 
ously erroneous, than it would be to state that the generals of 
the army under your command had been subjected to the authority 
of your aids-de-camp, and required to "defer" to them, because 
you had issued an order requiring the former to execute a particu- 
lar movement, previously prescribed by yourself, whensoever they 
should receive from the latter a notice or direction to that effect. 
And the error would be no less palpable, if, instead of the course 
pursued by the government, in issuing to yourself and to Commo- 
dore Perry the provisional order which you have received, the 
President had judged it to be expedient and necessary that you. 
should never hear of the proposed treaty until it should have been 
ratified on the part of Mexico, and I had been instructed then to 
notify this fact to you, and to require you, in his name, to suspend 
hostilities. 

So long, then, as the two countries shall continue to be in a state 
of war, the operations of our forces in Mexico cannot, by the re- 
motest possibility, be affected by the fact that I am charged with 
i;he duty of making that notification. So far as those operations 
are concerned, the case now stands, and cannot but continue to 
stand, precisely as if negotiations for peace had taken place at 
Washington, and as if no order for the suspension of hostilities 
had issued until after those negotiations had been brought to a suc- 
cessful close. The only difference which can result from our gov- 
ernment's having a diplomatic representative on the spot, is, 
that the restoration of peace may possibly be thereby hastened. 
And the only difference made by this agent's being instructed tc 
give notice of its restoration, (instead of waiting till this could; 
travel from Mexico to Washington, ai,d back again from Washing- 



165 [ 52 ] 

ton to the army,) is, that the calamities of war would be arrested 
a month or two, or more, the sooner; and that this very conside- 
ration might, in itself, be the cause of peace, by determining the 
enemy to conclude a treaty which, otherwise, he would be unwil- 
ling to enter into. On your part, sir, above all other men, this 
certainly could not be objected to; for, unless my memory deceives 
me, our batteries before Vera Cruz were, in your official despatch, 
reported as being in "a state of awful activity," an epithet 
which struck me at the moment as being a somewhat unusual 
one in artillery technicals, although the National Intelligencer 
very scon afterwards accounted for it to my entire satisfaction, by 
the assurance which it gave our country, that you are "distin- 
guished for humanity," an assurance which receives the strongest 
possible corroboration from the little word thus inadvertently 
dropped from your pen. 

In a word, sir, the course determined upon by omr government, 
respecting the suspension of hostilities, is what any man of ( plain, 
unsophisticated common sense would take for granted that it must 
be; and it is not what your exuberant fancy and over cultivated 
imagination would make it. The question truly presented by it, and 
it would require very skilful sophistry, indeed, to make our country- 
believe that this could be otherwise than obvious to any man oc- 
cupying your position, is not whether the immediate command and 
direction of the United States forces in Mexico is to continue to 
reside in the senior officer of the army present, or is to be transfer- 
red to some person not belonging to the army. The question is, 
whether the government of the United States is to be permitted by 
General Winfield Scott to discharge its international functions and 
duties in its own way, and by agents of its own selection, when he 
may have taken a fancy to relieve it of the trouble of attending to 
them, by himself settling the preliminaries of peace, in adjusting 
the terms of that "armistice" with regard to which he has judged 
proper so vehemently to assert his own exclusive competency. 

It may be remarked, that, even if the order thus prospectively 
given oy the President, instead of having reference to a notice of 
the happening of ? certain anticipated possibility, (which it was 
deeme:! expedient and necessary not to refer to specifically in the 
order,) had directed that hostilities should be suspended upon the 
receipt of a requirement from a secret and confidential agent of the 
government; even in this case, a genuine, as contradistinguished 
from a merely verbal or formalry "respect" for the authority of the 
constitution, would be likely to suggest to any commander receiv- 
ing such order and habitually entertaining such genuine sentiment, 
at least to abstain from all premature determinations to treat it as 
a nullity. He might, through love of country and forgetfulness of 
self, make up his mind, should the order take effect under circum- 
stances rendering it destructive of the public weal, then to disobey 
it. But he would scarcely show haste to make a parade of this de- 
termination, or to set to his army an example of insubordination 
by any unnecessary disclosure of even this contingent intention be- 
fore those circumstances had become matter of fact and of positive 



[ 52 ] 166 

knowledge, and whilst they had as yet not ceased to be the coin- 
age of an imagination ready to impute to the chief magistrate 
elected by our country — aided in his deliberations by the eminent 
citizens whom he had called around him for the purpose — a course 
of proceeding so imbecile as to awaken surprise that the bare pos- 
sibility of its having ever been contemplated by them should sug- 
gest itself to any sane mind. 

3 With regard to the choice made by the President of the person 
to be charged with the measures dictated by him for bringing about 
the state of things whereof notice is thus to be given, I, sir, do not 
entertain a doubt but that far better selections might have been 
made; and that it has fallen upon myself solely in consequence of 
the peculiar circumstances of the juncture. Among these far bet- 
ter selections, the best of all, perhaps, would have been the present 
commander of our land forces in Mexico. This would have been 
attended with one advantage, at least, that of precluding all danger 
of this attempt to restore peace being rendered abortive by collis- 
sions in regard to "military rank." But if the President has proved 
himself not duly sensible of this consideration, added to the many 
others, which should doubtless have weighed with him in favor of 
the appointment now referred to; and should he hereafter have 
cause to repent that he did not make it, no part of the blame can 
ever attach to me, for he knows that the sin thus committed by him 
was not in any way participated in by me, except so far as my con- 
sent, in reply to his own spontaneously expressed wish, no less un- 
desired than unsought on my part, may have made me one of the 
guilty. 

My instructions (which, as has already been stated, I am author- 
ized to make known to you, and had intended to exhibit to you) 
show that no ground exists, either for the supposition you have made, 
that the object for which I have been sent here is, to " petition'' 7 
the enemy to " concede an armistice," or for the apprehension which 
you express, that the communication from the Secretary of State of 
the United States of Jlmerica ! to the Mexican Minister of foreign 
relations, may be of a nature to u commit the honor of" the gov- 
ernment of our country; although this patriotic solicitude, most 
assuredly cannot fail to be duly appreciated by that country, and 
most especially by all sticklers for military subordination within 
the army, and for the strict enforcement of the respect due from 
the military to the civil authority. Equally groundless will be 
found to be the supposition that " the chief clerk of the Depart- 
of State" can have been taken from his desk, and sent to the seat 
of war in the heart of the enemy's country, " clothed with milita- 
ry rank over" the senior officer of the army of the United States! 
The propriety of its finding a place in the reply of that senior 
officer to the communication which, in the discharge of the duties 
confided to me, I found it necessary to address to him, is a point 
which does not call for remark from me. The merits of this jeu 
d'esprit, as a specimen of delicate and refined irony, so peculiarly 
appropriate, too, in reply to a letter so offensive as mine, I wil- 
lingly leave to the good taste and good feeling of our countrymen. 



167 [ 52 ] 

They will not fail to do justice to it also, as a model of the re- 
spect due by all public servants to the office and the authority of the 
President of the United States. 

The communication from the Secretary of State to the Mexican 
minister, in regard to which you express surprise, (or perhaps in- 
dignation may be the meaning of your note of exclamation,) that 
it should have been enclosed to you for transmission " sealed," was 
so sealed because it was deemed proper that it should bear the seal 
of the Department of State of the United States; and in this there 
was no departure from the established practice in similar cases. It 
was intended, however, that you should be made acquainted with 
its contents, as well as with every thing else relating to the subject, 
by means of the copy in my possession; and I had supposed that this 
intention was sufficiently expressed in my former letter, though from 
the haste in which it was written and despatched, (and which did 
not allow me to retain a copy,) it was doubtless very imperfect in 
more than one particular. But, had no such intimation been given, 
and had no such intention existed, the doctrine which should deny 
to the government of the United States the right to send to its 
agents or officers abroad, civil or military, for transmission to fo- 
reign governments, any communications which it might be deemed 
necessary to make, and in such state, sealed or unsealed, as it 
might be deemed appropriate to the occasion, such a doctrine would, 
so far as my very limited knowledge extends, be a most extraordi- 
nary innovation in the conduct of public affairs. Nothing is more 
common than to send naval commanders, of any and every rank, to 
sea with u sealed orders;" which, although addressed to themselves^ 
and relating to public interests entrusted exclusively to them, they 
are required not to open for weeks or months thereafter, or not at 
all, except upon the occurrence of a certain contingency. And if 
this be considered as not affecting their honor, and as not giving 
them the right to take their government to task, either by the de- 
vice of notes of exclamation or by less condensed modes of ex- 
pression, it strikes my poor judgment as following, a fortiori, that 
no such right can arise from the transmission, through them, of a 
sealed note to a foreign government, upon matters totally distinct 
from their own professional duties. 

The haste in which the communications for the Mexican minister 
of foreign relations was despatched to you, arose from the utter 
uncertainty in which I found myself, whether the state of things 
then existing in the interior might not be such as to present a crisis, 
rendering it of the highest importance to our country, and to 
Mexico likewise, that the moment should be seized for the delivery 
of that communication. It w r as the President's intention, when I 
left Washington, that it should be delivered immediately upon my 
arrival in this country, and that it should forthwith be placed in the 
hands of the general-in-chief of our forces for this purpose. By 
transmitting it to you, and making the intention of the President 
known, my duty in regard to it is fulfilled. At the same time, had 
I been aware that the circumstances of the moment were decidedly 
unpropitious for its delivery, I should have deemed it my duty^ 



[ 52 ] ' 168 

perhaps, to retain it, or at any rate to recommend, at the moment of 
placing it in your hands, that its transmission should be delayed 
until a favorable change should occur, or at least until further in- 
structions could be received. L ; • ^, ,,*: 

Under this view of the subject, I do not regret that its transmis- 
sion has been delayed until I shall have reached Jalapa; although 
I cannot, I must confess, assent to the correctness of the ground 
upon which your determination thus to delay it is placed. It is 
impossible for me to perceive how it could have been inferred, from 
the extreme anxiety evinced by me to transmit that communication 
to you at the earliest possible moment, that it was contemplated by 
the instructions under which I so acted, that you were to retain it 
until my arrival at u the moveable head-quarters." 



[No. 6. J Puebla, Jane 3, 1847. 

Sir: To-day, about 12 o'clock, I accidentally learnt from one of 
the officers who visited the house where I am staying, (General 
PersiforSmith's head-quarters^) that a train is to leave this place 
for Jalapa to-morrow morning. This intelligence found me en- 
gaged in the examination of a number of Mexican papers, of strag- 
gling dates, from the 1st to the 11th ultimo, the first which I had 
been enabled to obtain since my arrival here on the 29th, although 
I had authorized a person who I knew would omit no effort to ac- 
complish the object, (for he has himself a deep personal interest in 
the matter,) to pay any price within reasonable bounds for a fileof 
papers embracing the last two months. He yesterday found, in a 
stable, and brought to me, one half of the "Republicano" of the 
10th May, which he conjectured had been dropped there by some 
Mexicans who had just come in from that direction with horses, 
and from whom he subsequently succeeded, through the agency of 
the landlord of the inn, in obtaining, at half a dollar a piece, the 
papers above mentioned, eleven or twelve in number, which he 
brought to me late last night. 

They afford the only means which have come into my possession 
of forming an idea of what has been, or may now be, going on at 
the capital. The ignorance on this subject seems to be universal 
and entire. Even ********** ? w ho has acquaintances in all these 
parts among the most intelligent business men, and whose long 
residence in the country has qualified him for finding out and un- 
derstanding what is taking place, is completely in the dark, unable 
to tell me what is the meaning of this presidential election, which 
was to take place on the 15th ultimo, and which is now spoken of 
as not to be decided until the 15th instant. 

Such passages in the papers referred to, as seemed to shed a 
glimmer of light upon the prospect ahead, I have made translations 
of, which are herein enclosed, on six closely written pages. 

I enclose, also, a letter addressed to me by a gentleman, whose 
.name will be communicated hereafter. Being struck with the 



169 [ 52 j 

clearness and comprehensiveness, as well as the justness, of the 
views expressed by him in conversation with me, I requested him 
to commit the substance to writing, which he has obligingly done. 
I beg leave to call your attention to the part relating to the point 
below the Paso del Norte, to which he attaches great importance 
in a military point of view. If deemed proper, the boundary de- 
fined in my instructions might easily be modified in accordance 
with this suggestion, (as far as regards that post,) by saying, "up 
the middle of the Rio Bravo to the 32d degree of north latitude; 
thence due west to a point due south of the southwestern angle of 
New Mexico; thence due north to the said angle; thence along the 
western boundary," &c. I will add, that he has not the slightest 
idea of what my instructions contain on this or any other subject. 

I have been occupying part of my time here in making a cipher, 
which I shall probably have" frequent occasion for. A duplicate 
and key can be made at the department, by sending to my daugh- 
ter for a copy of the smallest of the books (there are several at my 
house) which she packed up for me, the work of our old instructor, 
who was sent to Spain as consul. Let the letters o.f the prefatory 
address "To the British nation," (excluding this title,) be num- 
bered from one onwards, until every letter of the alphabet is reached 
except z, (which I represent by zero.) Each of the letters, with a 
few exceptions, has three numbers corresponding to it. 

I have the prospect of a confidential interview with a most im- 
portant personage here, through whom a knowledge (a very limited 
one, of course) of the object of my mission may be imparted to 
the most influential power of the State, and to- all disposed to co- 
operate with them. They are evidently beginning to be seriously 
■alarmed, and a plain statement of facts, as to the certain conse- 
quences<of the continuance of the war, will greatly increase the 
alarm. 

My position personally could not be more agreeable than it is, 
as a member of General Smith's family. He is a perfect gentle- 
man, of a most frank and amiable disposition, and totally free from 
pretension, and of a fine, clear, comprehensive mind. As a com- 
mander, his officers say he has no superior; perfect master of his 
profession, and as distinguished for composure and perfect imper- 
turbableness under fire as old Xack himself. 

On my arrival here I received a letter from General Scott, to 
which I shall make no reply, (as I informed the aid, Lieutenant 
Hamilton, who handed it to me,) and which I will transmit at some 
other time. No other communication has reached me from him; 
and, as was stated at the beginning of this letter, it was through 
accident only that I became informed of the opportunity for writ- 
ing afforded by the train for Jalapa to-morrow morning. The officer 
who gave me the information said, " Of course you know there will 
be an opportunity for sending letters down to-morrow." 
I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



[ 52 ] 170 

June 2, 1847. 

Dear Sir: At your request, I put in writing some remarks made 
the other day on the subject of the piesent war. 

The object of a war, at any peri< d of its continuation, is not ne- 
cessarily that for which it was commenced: it is thevofore unneces- 
ary to go back to the beginning of this, as Mr. Calhoun has done, 
to learn how it can be waged or concluded with honor; the more 
so in this case, where the war was not begun by us. What objects 
have we to gain now, and how can we honorably obtain them? 
These are the questions to determine. 

We have three points — indemnity, boundary, and maintenance of 
the national honor. All these may be secured by treaty, if the 
Mexicans consent to negotiate; but they have hitherto refused in 
such a manner as to preclude any further direct propositions from 
us. And it is certain that, if the change of government now 
taking place among them, does not eventuate in an administration 
willing to treat with us, we cannot look for peace for a long time 
to come. Suppose the war party to prevail — What should be our 
course? In other words, how shall we then secure indemnity, 
boundary, and honor? 

The defensive policy advocated by Mr. Calhoun would, in some 
measure, secure the two first, but at the evident expense of the 
last. Mexico could say to uS — Depending on your superior wealth 
and strength, you have invaded and occupied a remote part of my 
territory, almost unpopulated, and separated from all my resources 
by difficult passes and wide deserts; strong as you are, you have 
not dared to meet me in battle, except at my great disadvantage; 
you cannot aspire to be even the robber — you are only a thief: and 
probably believing what she thus said, our possession of the occu- 
pied territory would always be disturbed by her efforts, more or 
less effective, to recover it. No line that we can occupy, even the 
Rio Grande or Nueces, and the 42° of north latitude, can secure us 
any shadow of tranquility, while the question of superiority in arms 
is undecided, even to the point fixed by Mexican boasting. 

If this was true before we undertook any invasion, it is more 
plainly so now, since an invasion is an acknowledgment of its 
truth, and is, besides, a threat we are bound to execute. Having 
executed this threat, and settled this point of honor, we are then 
at liberty to assume a line of boundary which shall at once secure 
our claims of indemnity, and fulfil those of conquerors. I may as 
well pursue this branch now, and revert to the point of honor. 

In the first place, it is due to our own character, and to the high 
principles of justice which we profess, that we should limit our 
gains to the smallest extent possible, and incur no reproach for 
grasping and insatiable avarice. In the next place, it is not our 
interest to acquire a territory containing much population, especi- 
ally if the latter be, as is the case in northern Mexico, of a mixed 
colored race. And, finally, our acquisitions should be such as not 
to excite disunion among ourselves. 

I propose the line of the Rio Grande up to a point thirty miles 



171 [ 52 ] 

south of the town of Paso del > T orte, and then following out that 
parallel of latitude to the Pacific, or gulf of California, as the case 
may he; hut if it intersects the main stream of the river Gila, then 
to fellow that to the gulf. This would give us all the pons we de- 
sire on the Pacific; and at Paso del Norte, which is the first very 
fertile spot on descending the river, could be established the main 
post for defending that frontier: the line from that to the gulf of 
California, being very mountainous, would require but few troops. 

Another line suggested is from Tampico, by Megianetzin, San 
Barbara, Tula, Labradores, Sahillo. Parras, and the upper part of 
Siholoa: this is a strong line, by posting troops at Victoria, Linares, 
Monte Morelos, and Monterey, and occupying the advanced points 
in the mountain passes in front of them. It includes a vast and 
rich country, with many inhabitants. It is too much to take. The 
population is mostly as dark as our mulattoes, and is nominally 
free, and would be actually so under our government. The north 
would oppose taking it, lest slavery should be established there; and 
the south, lest this colored population should be received as citizens, 
and protect their runaway slaves. I do not think a treaty, inclu- 
ding that territory, would be ratified by the Senate; much less 
would the occupation and government of it, without treaty, be au- 
thorized by a law. I will, therefore, assume the Paso del Norte 
line as that to be finally taken, and now go back and inquire — 
When can we with "honor'" place ourselves on this line? 

I assume that if negotiations are not opened on the conclusion 
of the pending elections in Mexico, there will be no peace. I will 
also assume that Congress will never authorize the raising of an 
army of one hundred and twenty thousand men, necessary to oc- 
cupy and govern all the States of Mexico as a conquered territory. 
A force of ten thousand men, exclusive of garrisons and sick, can 
successively march to and occupy all the principal cities, but to no 
advantage to ourselves; for, occupying the territories either by the 
large force simultaneously, or successively by the small one, will 
end by debasing the morals of the soldier, and teaching habits of 
plunder and rapine. 

It remains, therefore, to fix the period at which (there being no 
hope of peace) we can with " honor' 1 '' abandon the plan of invasion, 
having obtained all the advantages it can afford, and take up the 
new system, less expensive and more convenient to ourselves. 1 
fix that period at a proper interval after the entry of our army into 
the city of Mexico. When we have accomplished that act, we can 
say to the Mexican people — You have upbraided us with attacking 
your remote and thinly populated districts, and have threatened, 
when we approached your large cities and populous valleys, to 
meet us and drive us back into the sea: we have accepted your 
challenge: we have attacked and captured your strongest fortresses: 
we have met your best appointed armies, and defeated them: we 
have marched through your largest cities, and at 300 miles from 
the sea have entered your capital, and now stand with our feet on 
your very floors; we have done all that the honor of our name de- 
manded; and now, after all these successes, offer you the same lib- 



[52] 



172 



eral terms of peace that were at your disposal before you tried the 
fortunes of war. Will you now accept them? If you do not, we 
have no more proposals to make, but shall henceforward pursue a 
system solely dictated by our rights and our convenience. 

If, as would probably be the case, this offer be refused, General 
Taylor should be directed to send that part of his force intended to 
be placed on the line, by the way of Parras and Chihuahua, to 
Paso del Norte and Santa Fe. This army should, at its leisure, 
fail back so as to occupy Perote, La Hoya, and Jalapa, in Septem- 
ber, and, despatching all the sick and extra stores in advance, 
reach Vera Cruz in time to embark the beginning of November; 
part of the boundary line, by the way of the Rio Grande, and the 
rest for the different Mexican ports on the coast; all of which 
should be garrisoned by our troops, sustained by the navy. 

This boundary and these posts on the seacoast can be maintained 
at a cost very little beyond what the army will require if peace be 
made, and will be a constant pressure on Mexico, which may finally 
bring her to reason. But it is absolutely necessary that this change 
of system should be in the first place preceded by our occupation 
of the city, lest it be attributed to a failure on our part in the in- 
vasion, and should not be delayed so long after that success as to 
appear to have been chosen only on discovering our inability to 
select and execute something preferable; it must come in as part 
of the plan adopted from the begining, and carried out in the face 
of all opposition, without variation. 



[Referred to in Mr. Trist's No. 6.] 

Head-quarters of the Army, 

Puebla, May 29, 1847. 

Sir: Your long studied letters of the 9th and 20th instant, making 
30 pages, in reply to my short note of the 7th, were handed to me 
under one cover at Jalapa. the morning of the 21st, when you 
knew, being on the spot, that I was about to march upon this place. 
Occupied as I was with business of much higher importance, I did 
not allow the seal of the package to be broken till the evening of 
the 22d, which I took care to have done in the presence of many 
staff officers. One of them, at my instance, read a part and re- 
ported to me the general character of the papers. I have not yet 
read them. 

My first impulse was to return the farrago of insolence, conceit 
and arrogance to the author ; but on reflection, I have determined to 
preserve the letters as a choice specimen of diplomatic literature and 
manners. The Jacobin convention of France never sent to one of its 
armies in the field a more amiable and accomplished instrument. If 
you were armed with an ambulatory guillotine, you would be the 
personification of Danton, Marat, and St. Just, all in one. 

You tell me that you are authorized to negotiate a treaty of 
peace with the enemy — a declaration which, as it rests upon your 



173 [ 52 ] 

own word, I might well question; and you add, that it was not in- 
tended at Washington that I should have anything to do with the 
negotiation. This I can well believe, and certainly have cause to 
he thankful to the President for not degrading me by placing me 
in any joint commission with you. 

From the letter of the Secretary of War to me, of the 14th ul- 
timo, I had supposed you to be simply authorized to propose, or to 
concede to the enemy, the truce or armistice which usually pre- 
cedes negotiations ior a peace, and my letter to you was written on 
that suppusition. If the terms of military conventions are left to 
me, the ettrnmander of the army, I have nothing more to desire or 
to demand for its safety. 

In conclusion — for many persons here believe that the enemy, 
20.000 stiong, is about to attack this place — I have only time to 
ask you, in your future communications to me to be brief and purely 
official; for if you dare to use the style of orders or instructions 
again, or to indulge yourself in a single discourteous phrase, I 
shall throw back the communication with the contempt and scorn 
which you merit at my hands 

I remain, sir, officially, &c, 



To Nicholas P. Trist, Esq., 

tfC.j Src, tyc. 



WINFIELD SCOTT. 



A true copy 



GEO. W. RAINES, 
Lieutenant, and A. A. D. C. 



From the " Bulletin of the Democracy," — Mexico, May 1, 1S47. 
[This is a new paper, violently opposed to Santa Anna. J 
" GENERAL BASADRE. 

" We have just learnt that this gentleman has set out to-day for 
the States of the interior, and we have heard some unfavorable 
comments on the subject. It is said," &c, [here some remarks 
upon the general's conduct on previous occasions.] 

" And what, it is now asked, may now be the mission of General 
Basadre? The replies are various, and even contradictory, al- 
though most of them are to the effect that he goes charged by the 
ministry to negotiate in certain States to bring their authorities to 
consent not to oppose ike foreign mediation which the government 
Las it in contemplation to admit; to dispel the impressions which 
the disaster of Cerro Gordo may have caused against General Santa 
Anna, so that the legislatures may elect him president; and fina!]y, 
if las election should prove impossible, to negotiate, in order that 
it ma/ fall upon some person who shall be under the exclusive in- 
fluence of the peace party, as are Ocampo, Elorriaga, and Anaya. 
Unhappy country!" 



[52] 



174 

FOREIGN MEDIATION. 



i( The Diario del Gobierno has recommended, in good terms, that 
this shall be admitted; and it is added, by public report, that Mr. 
Minister Baranda is the author of the article in which this mediation 
is indirectly recommended. Be on the alert, ye legislatures and 
governments of the States." 

From the same paper — May 4, 1847. 

"IMPORTANT— FOREIGN MEDIATION. 

" In our two last numbers we have informed the public of the 
advanced steps which were being taken in this most grave business, 
in which the ministry did not appear to be pursuing the straightest 
and most becoming course. The report of the committee (of which 
Messrs. Otero and Lafragua form part) recommending that the pro- 
ceedings on the subject of the mediation offered by the English 
government should be referred to the executive, in order that this 
branch of the government should determine upon the subject, in 
accordance with its faculties — which, in truth, amounted to saying 
i let the mediation be admitted.' This report having been rejected 
by the house, it now appears that the government, consulting 
nothing but its incapacity, its supineness, and its want of courage, 
and above all its audacity towards the Mexican people and its de- 
bility towards the enemy, has resolved to venture the whole, and 
under its own responsibility to accept the said mediation. Serior 
Baranda, as is affirmed, is the man who has loaded himself with 
this responsibility, instigated by Santa Anna; and sure that al- 
though he may sell and sacrifice the country, he wili enjoy the 
same impunity that he did for the famous decree of the 29th No- 
vember. 

" Senor Anaya has been dragged to the brink of the precipice, 
carrying the courtry with him. 

lt We knew, and we know, that Sefior Anaya cannot be a fit 
president for a time of war; as neither can Elorriaga or Ocampo, 
nor any other over whom the peace party exercises exclusive influ- 
ence," &c, &c, &c. 

From El Republicanc — Mexico, May 10, 1847.— Leading editorial. 
" PRESIDENCY OF THE REPUBLIC. 

" The popular election of the high functionaries of the State has, 
In some cases, the disadvantage, in others the advantage, of being 
the result of the impressions by which the multitude are affected at 
the moment," &c, &c, &c. " By the decree of the 1st of April 
of this year, the State legislatures are to proceed to the election 
of president of the republic on the 15th of the present month, 
(May.) The circumstances under which this important act is to be 
performed could not be more grave or solemn. The republic 
panting in a struggle of life or death, the army destroyed, the 



175 [ 52 ] 

greater part of her territory occupied by the invader, the very capi- 
tal closely threatened, in no case," &c. &c. 

" So that if we attend solely to our critical state, the approach- 
ing election of president might appear a matter of great delicacy 
but upon taking a broader view of the subject, it is easy to per- 
ceive that it offers at present fewer difficulties, fewer conditions to 
fulfil, than under other circumstances incomparably Jess sad than 
the present. Because, in the first place, the signification which 
should be attached to the election of our first magistrate is simple, 
for this is the character of the great question which now pre-occu- 
pies all minds. Peace or war is the only thing which, at the pre- 
sent day, is to speak the character of the person to be elected to 
govern us. Peace or war is the first question now agitated, and 
before the urgency of which all others have disap eared. Peace 
or wa r . therefore, is what the result of the election is 5 sonify. 

'• Inasmuch as the discussion of the project of a constitution is 
already far advanced and about to close, the continuance in office 
of the President now to be elected will, according to every pre - 
bility, be exceedingly short; and consequently it is no- -.. rv , 

with reference to the future, even to take into consideration the 
political creed upon other points which may be held by the chief 
magistrate whose election is impending. Happy shovfd ice be, if, 
during the ephemeral existence which is allotted to him, we could 
be exposed to the risk of his occupying himself upon other subjects, 
in consequence of his having first brought to a happy end the war in 
ichieh we are now straitt 

i; 2sor must we allow ourselves to be governed by such an error 
as would be that of seeking for a man whose qualities should cor- 
rerpend to the difficulties of the circumstances. If this were the 
lem, we should confess that the acts oi the legislatures should 
come in blank; for we do not know, the nation does not know, the 
man wtiose high personal qualities are equal to cope with the pre- 
cipitancy and violence of the events of the day. But we must not 
deceive ourselves. They are not to be controverted bv one man, 
but by the whole country; and therefore what we should seek for 
Is a candidate who, desiring the confidence of the ceuntry, can 
cause it to ri^e (the whole of it) at his voice; one who will not 
meet with invincible resistances from any of the parties existino- 
among us, and who therefore shall be able to bring into play all 
the elements of resistance which reside in the nation. 

' ; Thus it is that the signification which, according to our view of 
the matter, should be attached to the election of President, is sim- 
ple and easy to be found; for the determination in favor of war is 
now general, even amongst many of those who formerly were for 
peace," &c, &.c, &c. 



[52 



176 

From the same paper — Mexico, May 11, 1847. 



"National Congress, session of the 29th April, 1847. — The dele- 
gation from the State of Chihuahua presented the following pro- 
test, &c. 

i Pretest of the permanent delegation of the State of Chihuahua: 

'The delegation from the honorable legislature of,' &c, 'with a 
view to saving the rights and interests of their constituents, protest 
before the nation and the whole world against the force of the 
United States, which has invaded the territory of the Slate,' &c, 

&c. 

'They protest, in the name of' the State, against any treaty of 
peace whereby all or any of the citizens of Chihuahua should lose 
their character of Mexicans; and they recommend most earnestly 
that no treaty be concluded or ratified by Mexico which shall not 
establish a sufficient security that neither the government of the 
United States, nor the citizens of that nation, shall buy from the 
savages the plunder obtained by robberies committed within the 
Mexican territory; nor furnish them, on any account, with means 
for making war; nor drive them upon our territory by purchasing 
from them their lands; nor favor their incursions, directly or indi- 
rectly. 

'Fi'ially, they declare that the State of Chihuahua, free, sove- 
reign, and independent in her internal government, is a constitu- 
ent and integral part of the Mexican republic,' &c, &c, &c. 

On motion of Senor Lafragua, [see his name before,] resolved, 

"That Congress has heard with the most profound sentiment of 

satisfaction the patriotic protest, which in moments so solemn the 

permanent delegation of, &c, has presented on the subject of the 

•war," &c, [order for printing and distributing amongst the Srates.] 

The same paper contains an address from the governor of Mich- 
oacan to the legislature, dated Morelia, April 29, 1847, urging them 
to make the following protest: [the result not given.] 

"May the legislature, therefore, be pleased to protest, as the 
Executive protests, before the republic and the world, that Bever, 
never, never will it recognize any treaty which may be made on 
the subjert of peace with the United States, unless their forces 
shall previously have disoccupied our entire territory; and unless 
that government shall recognize our right to a proper indemnity for 
the evils which it has caused us." 

In the address which thus concludes, the following passage oc- 
curs in regard to ;he condition on which it is supposed that peace 
with the United States could alone be obtained: 

"Peace, peace would be for Mexico, at the very moment, but the 
stamp of indelible ignominy, and for her new canquerer the most 
advantageous condition. Let us examine for a moment what would 
be the conditions that he would impose. To take of our territory 
such and such parts as might permit him to establish himself on 



177 [ 52 ] 

the Pacific by direct communications with his Atlantic possessions; 
to compel us to pay him the expenses of the war, swelling the 
amount by interests, and charges for advances, and premiums of 
exchange; and finally to seize upon a guaranty for the punctual 
payment of such demand; and by way of guaranty, none more con- 
venient than that which he has already indicated, to hold in his 
keeping all our ports. Now, for Mexico, all this would be to lose 
over the hope of ever being able to pay her enormous national debt 
— to lose, in the proceeds of the maritime customs, the possibility 
of meeting, without great vexations upon her citizens, even the ex- 
penses of her internal administration," &c, &c, &c. 

11 Renunciation of the presidency before the National Congress^ by 
General Don Antonio Lopez de Santa Anna. 

[This document, under date Mexico, 28th May, 1847, has been 
circulating here in the streets for two or three days, hawked about 
according to the custom of the country. The motive of his resig- 
nation is thus stated:] 

"The men who fearto defend the country, who aspire to peace, 
see that they cannot attain it so long as I shall be at the head of 
the government, because they know that my determination nas 
been to fight until death. The various parties who have torn each 
other to pieces, and who even at this moment forget the common 
peril, are playing away their aspirations and hope, by means of a 
change, to become lords of the power which is already escaping 
from the hands of the nation, unless a powerful and decisive effort 
be made to defend it. The views of the external enemy, the con- 
flicting interests of parties in the interior, have fixed their" regards 
upon my person — the common target of all; and I find myself 
placed in a position, I will not say dangerous, for I do not fear 
danger, but exceedingly difficult, and in which I can do nothing 
The endeavors at a revolution are a matter of public notoriety, and 
the government holds in its hands the clue to the plot; and it is 
also notorious that the enemy does not dare to advance from Puebla 
upon Mexico, in pursuance of his impudent boast, unless he be 
aided by a revolutionary movement of this capital. This revolu- 
tionary movement I can ward off by ?. word; and this word it is 
my duty to utter, as the last and most efficacious service which it 
is left me to render. It is the formal renunciation, which I make 
by the present note, of the presidency ad interim of the republic, 
with which I have been honored by the nation. My conviction is, 
to intimate that I do not hesitate to affirm that I ought not any 
longer to remain in the post, nor even retain the title of President 
of the republic. Accordingly, I entreat the sovereign Congress 
immediately to accept this renunciation at my handi, and to declare 
itself to be in permanent session, in order that it may appoint the 
person who is to take upon himself so delicate a charge," &c, &c, 
&c. 

12 



[ 52 ] 178 

fOf the result of this movement on the part of Santa Anna, 
nothing is known, by me at least. It has been currently reported 
in town ever since yesterday morning, (the 2d June) that a paper 
of the 29th had been received at head-quarters. What this may 
contain I know not. 

It is to be remarked, that before this step was taken by Santa 
Anna, most if not all the ultra State-rights men and real liberals 
had probably left their seats in Congress. I infer this from various 
passages in the papers I have had access to; this being the plan 
resorted to by them for preventing the adoption of the new modifi- 
cation of the constitution of 1824, which they will not consent to, 
because it retains the exclusion of liberty of conscience, and the 
military and ecclesiastical favors.] 



[No. 7.] Puebla, June 13, 1847. 

Sir: Knowing how great must be the desire of the President to 
receive intelligence from this quarter, I despatched, by a courier 
to Vera Cruz, last Sunday night, a copy of a letter which I had 
just transmitted, in duplicate, to Mr. Bankhead, her Britannic Ma- 
jesty's minister at Mexico. It had been my intention, when the 
arrangement for the departure of that courier was made, conjointly 
with another person to write to you; but no time was left me for 
this purpose, and I preferred sending the copy of my letter without 
accompaniment,' to missing the opportunity altogether. Under the 
same cover was a second copy of the letter referred to in my No. 
6, as having been received by rne from a gentleman of great expe- 
rience in this war, as well as of a very clear and comprehensive 
mind. 

The committee of Congress to which it had been referred, had re- 
ported in favor of referring it to the Executive, to be acted upon 
by it agreeably to its constitutional faculties; (and the way in 
which these would be exercised was looked upon as not doubtful;) 
but this report — which the newspaper in which I had seen it men- 
tioned had spoken of as having been rejected — had not been acted 
upon, the vote upon it having constantly been prevented by one 
artifice or another of the two factions, the puros and the maderados, 
fearful alike of the responsibility of either passing or defeating the 
measure. I will add, that since this conversation with ****** } I 
have read, in the Mexico "Courier Fractals" of the 2Sth April, 
General Santa Anna's letter of the 22d April, (after his Cerro 
Gordo defeat,) to General Anaya, the President substitute. The 
conclusion proves that he thought an exhortation against a "dis- 
graceful treaty" as not being out of place, when addressed to the 
government at that moment: "You must not, my friend, give us up 
for dead. In the name of God, above all, do not allow yourself to 
conclude with the enemy a disgraceful treaty, which would make 
our position still worse." This, in itself, is nothing; and I should 
have passed it over as a mere ad captandum flourish, but for the 



179 [ 52 ] 

other evidences of a disposition, at that period, not lo enter into a 
"disgraceful treaty," but to abandon the position of refusal to 
listen to offers to negotiate. 

It has for some time appeared to me perfectly obvious that the 
advance of our army upon Mexico (or, in other words, the occupa- 
tion of that city) at this time, would be attended with consequences 
extremely adverse to peace; in a word, to the object which has 
constituted with our government the motive to the vigorous prose- 
cution of the war. Should the Mexican government remain at the 
capital after its occupation by us, there would then be the plea of 
actual duresse, to oppose as well to the doing of anything, as to 
the validity of anything which might be done. But they certainly 
would not remain. They would disperse after appointing some re- 
mote place at which to meet;, and this would immensely increase 
whatever advantages may now be possessed by those among them 
who are bent upon using all possible means for preventing the re- 
establishment of peace. This same view was expressed by ***** 
without any remark from me to elicit it; and being thus confirmed 
in its correctness, I purpose making it the subject of a communica- 
tion to the general-in-chief. Aware that if any such ground were 
afforded, it might very possibly have the effect of inducing a de- 
termination to pursue a course of the reverse of the one suggested 
by me, I shall take particular care that my communication affords 
no ground whatever for the pretence that he has been dictated to, 
or interfered with in the discharge of his duties. 

In my last, I stated that no intelligence of any sort had been 
communicated to me from head-quarters since my arrival. This 
still continues to be the case. My reply to General Scott, com- 
menced on the road between Vera Cruz and Jalapa, and concluded 
at the latter place, (and of which a copy has been transmitted to 
you,) contains this passage: "The interests of the public service 
require that I be kept advised of the opportunities which are to oc- 
cur by government expresses, or other public means, for sending 
communications to Washington; and this object can be fulfilled by 
a general direction on the subject, from the commanding general 
to the proper officers. The same reason may render it important 
that any intelligence received by the commanding general, respect- 
ing the political affairs of the country, be communicated to me. 
On the other hand, should any prospect open of the occurrence of 
the contingency upon which hostilities are to be suspended, no 
time will be lost by me in bringing it to the knowledge of the com- 
manding general." 

The intimations here conveyed proceeded from an excess of cau- 
tion on my part, and not from any belief that anything of the kind 
could be at all necessary to secure such a line of conduct between 
public servants possessing even the most ordinary degree of com- 
mon sense, and actuated by even the most ordinary degree of fidel- 
ity to the public interests. It appeared to me as a thing nowise 
admitting of doubt, that the general-in-chief, entrusted as he is with 
means of every kind for obtaining intelligence at the public cost, 
could not fail to consider himself bound in duty to the country to 



[ 52 ] 180 

communicate to me any intelligence so obtained, which might be 
of the remotest interest to our government, in connexion with the 
object of my mission. In this expectation I am sorry to say I have 
been disappointed. Not even a newspaper has been communicated 
to m<?. 1 have even been prevented from obtaining a sight of pa- 
pers in consequence of their being retained far longer than is 
usual in regard to borrowed newspapers even in ordinary times. 
In one instance, for example, I heard, as a matter of common talk, 
that an interesting Mexico paper (in French) of the 29th May, 
had been received at head-quarters. Several days after, my inqui- 
ries after this paper proved so far successful, that I obtained the 
address of a French resident who receives it. Upon applying to 
this gentleman, I was informed that the governor, General Worth, 
had sent to him for it. I afterwards succeeded in obtaining one, 
and it proved to be the "Courier Francois," containing, from the 
"Razonador," the most important indication that the Mexican press 
has afforded since the war began. The next day, the same thing 
happened in regard to several numbers of the "Republicano," or 
the "Monitor Republicano," (I forget which) down to the 30th of 
May, that had been received by an English merchant. They also, 
he informed me, had been sent for by General Worth; and they 
had been transferred by him to head-quarters: at least, I heard 
such papers spoken of as having been received there. Five days 
after, I again made application for them, and they had not yet 
been returned. To-day, Mr. Kendall, on visiting this house, (Gen- 
eral Smith's head-quarters,) mentioned having seen and examined, 
either at General Scott's or at General Worth's, (I forget which,) a 
number of Mexico papers down to the 8th instant. These are 
specimens of what is constantly occurring, and of the regard shown 
for the public interest in this respect. Had a different course been 
pursued, and had the newspapers so obtained, by virtue of the pub- 
lic posts occupied by the persons who possess themselves of them, 
been sent for my perusal, alter they had served all the military 
purposes which they were susceptible of — had this been done, I 
should doubtless have discovered at a much earlier day — and 
greatly, perhaps, to the public advantage — how totally General 
Scott was in error when he informed me, that there no longer ex- 
isted in this republic even so much as "a government de facto." 

Among the papers mentioned by Mr. Kendall was one contain- 
ing some intercepted correspondence to this army, which has been 
taken on its way from Vera Cruz to Jalapa, in charge of a Mr. 
Sowers and .eight men. Mr. S. and three others were killed, and 
the remaining five captured. It seems to be a very extraordinary 
piece of business that such papers should be entrusted to such keep- 
ing, and I fear that it is likely to turn out a very disastrous one, 
for one of the pub'ished letters is said to be from Colonel Hunt, 
(quartermaster at New Orleans,) indicating an utter want of pecu- 
niary resources in our government; and the Mexicans, so Mr. K. 
said, are exulting in the idea that our money has run out, and 
that all that is necessary is for them to hold out a little while 
longer. 



181 [ 52 ] 

On the 2d instant, General Santa Anna withdrew his resignation 
of the presidency ad interim. At the time when I last wrote, it 
was impossible, with the lights I had, to form a satisfactory opinion 
in regard to the character of that proceeding on his part, the re- 
signation. This point is now settled by the fact, which I can state 
with positiveness, that its withdrawal took place on the very day 
when it was to be acted upon and accepted. A want of firmness 
alone on the part of the majority in Congress, and not any lack 
of disposition to release him, has prevented the formal acceptance 
of the resignation without regard to the withdrawal. 
I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan, 

Secretary of State. 



Puebla, June 6, 1847. 

Sir: Perceiving, from the published accounts of the proceedings 
of the Mexican Congress, that a proffer of the mediation of her 
Brittannic majesty's government has recently been presented by 
you to that of Mexico, and finding myself placed at this moment, 
with reference to the same object for which that proffer was made, 
in a position of the gravest responsibility, it has occurred to me 
that I might, without any breach of the delicacy which belongs to 
the subject, venture so far as to address to you the inquiry con- 
tained in the present note. 

I left Washington on the 17th of April, charged with a commu- 
nication from the Secretary of State of the United States to the 
Minister of Foreign Relations of the Mexican republic, the object 
of which is explained by the following passage: 

" The President will not again renew the offer to negotiate, at least 
until he shall have reason to believe that it would be accepted bj 
the Mexican government. Devoted, however, to honorable peace, 
he is determined that the evils of war shall not be protracted one 
day longer than shall be rendered absolutely necessary by the 
Mexican republic. For the purpose of carrying this determination 
into effect with the least possible delay, he will forthwith send to 
the head quarters of the army in Mexico Nicholas P. Trist, esq., 
the officer next in rank to the undersigned in our department of 
foreign affairs, as a commissioner invested with full powers to con- 
clude a definitive treaty of peace with the United Mexican States." 

This i.ote was, immediately upon my arrival at Vera Cruz, on the 
6th May, forwarded by express to the general-in-chief of the army 
of the United States, then at Jalapa, with a view to its being trans- 
mitted by him under a flag of truce. 

From causes into which it is not necessary here to enter, the 
note has not yet been transmitted; and, until yesterday, I saw no 
reason to regret this delay, having been led to believe that there 
no longer existed "a government, even defacto, in this republic," 
to which the note from my government could be delivered. Of 



[52] 



182 



the entire erroneousness of this information I am now, however, 
fully convinced. The perusal of a few straggling numbers of va- 
rious newspapers, published at the city of Mexico during the last 
month, has sufficed to make manifest that not only has a regularly 
organized government, c -mplete in all its parts, and its authority 
universally recognised by General Santa Anna himself, the Presi- 
dent ad interim, as well as by all others, been in existence, and in 
the undisturbed discharge of its functions, from the time when the 
commotions connected with the ejection of Gomez Farias came to 
a termination, but that the very period when the note from the 
government of the United States reached the hands of General 
Scott presented a juncture highly favorable for its delivery. The 
tone of the press at that time, and since, in regard to the disposi- 
tions of Seiior Anaya, the President substitute, as well as of his 
Minister of Foreign Relations, and many leading members of Con- 
gress, with respect to the proffered mediation; the appearance of 
such a paper as the "Razonador," which, by its signal ability and 
its honest boldness, so nobly justifies the name it has assumed; 
these and other indications constitute proofs that cannot deceive 
in regard to the great benefits which must have resulted from the 
presentation of the note at that crisis; and amongst them, of the 
influence which it was calculated to exercise in the then impending 
election of President by the State legislatures. 

This opportunity, however, is now irretrievably lost, in conse- 
quence of the changes that have probably attended General Santa 
Anna's return to the capital, and the non-acceptance, by congress, 
of the resignation tendered by him, which, as I am informed, was 
the state of things at that city so late as the 1st instant. My atten- 
tion, therefore, is now given to the best practicable mode remain- 
ing for giving effect to this measure on the part of my government, 
before another conflict of arms at the gates of Mexico shall com- 
plicate the question still further, and place at yet greater disad- 
vantage those Mexi- an citizens who have given proof at once of 
their patriotism and their wisdom, by avowing such views as those 
advocated by the "Razonador." 

The best course which seems to be left me, under all the cir- 
cumstances of the moment, is that which I pursue, in taking the 
liberty to address to you the inquiry, whether you would have any 
objection to receive (accompanied, of course, by an open copy for 
your perusal) the note from the Secretary of State of the United 
States, for delivery to the minister of foreign relations, and, mean- 
while, to make known the existence of this note and my presence 
at head-quarters, so faras this knowledge may be deemed, by yoUj 
conducive to the opening of negotiations; the note of my govern- 
ment, when received by you, to be delivered immediately, unless 
it should appear decidedly advisable to await the installation of the 
new President; and should it so appear, then, so soon as his min- 
istry shall be formed, or his minister of foreign affairs shall be in 
place. 

Possibly the Mexican government, upon being made acquainted 
with the fact of your having received this communication, should 



183 [ 52 j 

it comport with your views to make it known, might deem it proper 
to despatch a flag of truce half way, to receive the note from a 
similar flag sent from hence, giving mr, at the same time, the proper 
notice. My only motive in making this suggestion is, that time 
would thereby be saved; and that upon the saving of a day or two 
of time, everything may depend, so far as regards the prevention 
of further bloodshed, and such consequences as might ensue from 
a battle at the gates of the capital; the immediate issue of such a' 
battle being a point upon which no one here entertains a shadow 
of doubt, and this army being, to a man, eager for it. 

Possibly, also, the Mexican government might deem it proper, 
without waiting until the note from that of the United States 
should be actually delivered, to make the intelligence communi- 
cated to them respecting it the ground of a proposition, that this 
army shall suspend any further advance upon Mexico, until they 
shall have had time to receive and to consider that note. Should 
such a proposition be addressed to the general-in-chief of this army, 
fixing any reasonable period for the object, reference being had to 
the approaching installation of a new executive, and to the organi- 
zation of its cabinet, I will recommend it to his favorable conside- 
ration. Upon him will devolve the duty of deciding upon the 
propriety of acceding to it; taking into view, on the one hand, the 
strong desire entertained by the United States to re-establish peace 
and amity with Mexico; and on the other, the bearings which such 
suspension of the advance of the army might have, as a military 
question, with regard to future operations, should. the necessity not 
be obviated for the further prosecution of the war. 

I am, sir, with great respect, your obedient servant, 

N. P. TRIST. 

Charles Bankhead, Esq.', 

Minister plenipotentiary of her Britannic Majesty at Mexico. 



Puebla, June 7, 1847. 

Dear Sir: The courier who undertook to deliver the enclosed 
to you this morning, got back to this place a little before day, 
having found the road impenetrable. The party consisted of three, 
and succeeded in forcing their way through several obstacles, but, 
finally, were compelled to retreat. I am desired, on the part of 
the person who now undertakes to deliver it, to say, that any an- 
swer which you may send to the house of , will meet 

with prompt despatch. 

Acccept the assurance of my respectful and friendly remem- 
brance. 

N. P. TRIST. 

Charles Bankhead, Esq., 

Minister plenipotentiary of H. B. M. at Mexico. 



[52] 



184 



PueblAj June 11, 1847. 



Sir: I need not say how truly obliged.I feel to yourself and to 
Mr. Thornton for the mode adopted to afford me an opportunity to 
place the enclosed in your hands; although my first emotion was 
one of mingled surprise and regret, that he should have exposed 
himself to the very serious personal risk attending such a journey; 
a point upon which rny anxiety cannot but be intense, until I shall 
learn that he is again safely through the dangers of the road. 

The conversation I have had the pleasure to hold with him, has 
confirmed the correctness of the grounds for the regret expressed 
in my former letter, that the communication for the minister of for- 
eign relations of this republic had not been transmitted to him 
early last month. 

The motive which actuated the President in causing this com- 
munication to be written, being a sincere desire to restore peace, 
and not the mere wish to throw upon this country the responsi- 
bility of protracting the war, the spirit of my instructions would, 
consequently, require me, under certain circumstances, to deviate 
from the intention of my government at the time I left Washing- 
ton; which intention was, that the communication in question 
should be delivered at once, upon my arrival in this country. 
Nevertheless, from the nature of the subject, I cannot allow my- 
self much latitude upon this point. My legitimate discretion with 
reference to it does not, as I conceive, go further than to author- 
ize me to postpone the delivery of the communication in one case, 
and in one case only; that is to say, for want of a government, 
having an actual and positive existence, to whom it could be deliv- 
ered, and by whom it could be considered and acted upon, under 
tiie responsibility to their own country and to the world, proper 
to all determinations upon questions of such deep import. 

This I consider to be the limit of my discretion on the sub- 
ject, unless I had the strongest reason to believe both that the ac- 
tually existing administration of the government was one from 
whom a fair and rational consideration of the communication could 
not be expected; and that it was, at no remote period, to be suc- 
ceeded by a new administration, of a different complexion. Ex- 
cept in a case where very strong reason for such belief should 
exist, I should deem it my duty to limit myself to the one condi- 
tion already stated, and, without regard to the manner in which it 
might be received, . to deliver the communication: provided only 
that there existed a government to whom it could be delivered, 
whose authority was sufficiently recognised to admit of its being 
considered by a candid world as the organ of the nation, by its 
acts subjecting that nation to the responsibilities which belong to 
one. 

In availing myself of the friendly readiness evinced by you to 
take charge of this communication, I have to request, therefore, 
that you will govern yourself in regard to its delivery by the view 
here presented of my duty with respect to it, were I on the spot to 
see and act for myself. 



185 [ 52 ] 

With respect to the fate which may attend this new effort on the 
part of the United States to bring the war to a close by means of 
an amicable and honorable understanding between the two parties, 
in which the views of both shall be consulted and shall exercise a 
fair and equitable influence, I will remark that I have become 
thoroughly satisfied, since my arrival in the country, of what I 
previously had been strongly inclined to believe: that a very im- 
portant, if not the chief practical hindrance to the restoration of 
peace consists in the fact that the mode of conducting the war thus 
far pursued on the part of the United States, has inspired many 
with the hope that its indefinite protraction would prove highly 
advantageous to what, according to their views, is required by the 
interests of particular classes, or of the country at large. This is 
a delusion which, for the welfare of Mexico, cannot too soon cease. 
The conduct of the war here referred to is but one of many modes, 
all equally practicable. There is, most obviously, a natural term 
to it; and this term, manifestly, is not far off. Should the United 
States, by the persistance of the Mexican government in a course 
that sets at naught every recognised international principle with 
respect to states that have come into collision with each other, 
here again be baffled in their endeavor to terminate the war by a 
negotiation which shall sette down upon terms just and honorable 
for both parties, and mutually satisfactory, and should they in con- 
sequence find themselves compelled to take the matter altogether 
into the'.r own hands, no one can fail to perceive that the neces- 
sity thus forced upon them must involve a course of proceeding 
radically different from that heretofore pursued; one which shall 
cut off from every interest in this country all hope of deriving 
benefit from the continuance of the war, and which must ultimately 
cause the country at large to find itself deprived of many advan- 
tages, which, down to this moment, it depends upon her govern- 
ment to secure for her. This necessity may be forced upon the 
United States, and the time has drawn veiy nigh when the point 
must be decided; and should the question receive a solution so con- 
trary to their sincere wishes and earnest endeavors, there will at least 
be nothing of self-reproach to hinder them from conforming to its 
dictates, and from giving to the second phasis of the war a charac- 
ter no less decided and decisive than that which the first has re- 
ceived from the purely military operations proper to it. Whether 
their present endeavor to avoid this necessity is to prove as fruit- 
less as were their repeated efforts to avert the war in the first in- 
stance, is the point now soon to be decided. 

Accept, sir, the assurance of the most respectful consideration of 
your obedient servant, 

N. P. TRIST. 

Charles Bankhead, Esq., 

Minister Plenipotentiary of H. B. M. at Mexico. 



[52] 



186 



[No. 11.] Ayotla, August 14, 1847. 

Sir: I left Puebla last Sunday morning, the Sth instant, in com- 
pany with General Scott, whose guest I now am, and reached this 
place (on the margin of lake Chalco, and within 18 miles of the 
capital) on the 11th, with the advance of the army, consisting of Gen. 
Twiggs's division. General Pillow, whose division formed the 
rear, arrived yesterday and took up his quarters near the town of 
Chalco, where he had been preceded the day before by General 
Worth. General Quitman's division had followed us; so that our 
forces are now concentrated within very short supporting distance 
of each other. The movement from Puebla has. been everything 
that could be desired, no casualty of any kind having attended it, 
save the loss of a single man, a dragoon of Quitman's rear guard, 
killed through his own rashness in a rencounter with a compara- 
tively large body of guerillas. The enemy, after expending great 
labor in fortifying a long chain of heights, forming the pass of 
Rio Frio, had left them unoccupied, as he had similar fortifications 
at numerous points all along the road from Jalapa to this place. 
The whole route, indeed, presents a series of natural defences 
which would have amply sufficed our countrymen to cut to pieces 
any army of one hundred thousand men that should have persisted 
in attempting the march from Vera Cruz to Mexico; and it would 
not have required more than a thousand of our riflemen to do it. 
There are hundreds of points where they would have decimated 
the enemy, under the certainty of effecting their retreat without 
the loss of a single man. 

We are now in the presence of the Peiion, the last of tlieir re- 
markable strongholds; outside of the city; though besides the ob- 
stacles presented by the lakes and marshes, and artificial inunda- 
tions, and bridgeless canals, (a perfect labyrinth,) there are nu- 
merous others of a less distinguished rank in all directions; for 
they have fortified every point and pass within a circle of eight to 
ten miles. 

The Penon, midway between us and the city, is about eight and 
a half miles distant. The day after our arrival I accompanied 
General Scott to a spot between the main road and lake Tezcuco, 
about two and a half miles from that height, where we had it in 
full view, as well as a portion of the city beyond, including the 
cathedral. It (the "Penon, or Rocky mount) rises from a plain, 
open all around, and is now surrounded with water. It has been 
ascertained to be a place of great strength. Yesterday, besides 
previous reconnaissances by Captain Lee and other officers of the 
engineers, Lieutenant Stevens of that corps passed the whole day 
in a close examination of it, its defences and armament, the result 
of which he reported in detail last night. He was the greater part 
of the time going from one spot to another round the height, about 
1,000 yards from the batteries, wading about in the lak.; and 
the drowned land, in full view of the 10 to 12,000 troops collected 
there, including a large body of cavalry, and about a mile and a 
half from General Smith's brigade, sent out as his support; his im- 



187 [ 52 ] 

mediate escort being two dragoons. One of these waded across 
the inundation (to try the bottom) to within about 300 yards of the 
enemy. 

I give this as a specimen of our engineer corps; and there is not 
an arm of the service that would not afford, in its own appropriate 
sphere, proof of the same spirit; and, at the same time, proof that 
this was not considered by the actors as a thing worthy of note, 
but as much a matter of course as buckling on one's sword to go 
fon parade. It is, indeed, a noble army, full of confidence in itself, 
and full of confidence in its commander. (And he gives every pos- 
sible proof that this is nothing more than his strict due. To appre- 
ciate the man, to know him at all, one must see him in this sphere.) 
There is not a man in it (or if there be such, they keep silent) but 
is determined to make his way to the " Plaza" of Mexico, and who 
does not look upon this just like any other part of the march, only 
a little tougher work perhaps — a thing which is to take place at 
any rate — a matter about which there can be no sort of doubt. And 
it would be all the same if there were a dozen Peiions in the way, 
to be carried by assault, one after another. 

The Peiion, however, will probably not be the point of attack. 
General Scott said to me the other evening that if he could take 
the city in one way with the loss of 800 men, and in another with 
that of 900, he would deem himself a murderer if he adopted the 
latter, however brilliant; and he evidently never loses sight of this 
principle. f 



* 



Hon. James Buchanan, 

Secretary of State. 



[No. 12.] Head-quarters of the U. S. Army, 

Tacubaya, August 22, 1847. 

Sir: On the night of the 14th instant, I despatched from Ayotla, 
in an incomplete state, my No. 11, the duplicate of which will be 
transmitted hereafter. Just as I was closing that despatch, a dif- 
ferent plan from the one there mentioned was resolved upon by 
General Scott, in consequence of information then received respect- 
ing the road round lake Chalco, on the south side; which satisfied 
him that this route was not, as he had been led to believe, altoge- 
ther impracticable for carts; in which case it would have been so, 
a fortiori, for our trains (numbering nearly 1,000 wagons) and 
heavy artillery. This fact, together with the uncertainty which 
still remained in regard to the state of the roads and the defences 
which we should find beyond Mexicalcingo, after carrying that 
post, brought him back to his first predilection; that is to say, 
for the route round the lake, which, for some weeks before leaving 
Puebla, he had strongly inclined to select as our way into the city. 
This selection has proved a most happy one. We commenced the 
march from Avotla on the following day, (the 15th,) and on the 
18th, after great toil in passing round the lake, the general head- 



[ 52 ] 188 

quarters were established at San Augustin, a town on the main 
Acapulco road, where we had been preceded by General Worth. 
Thus far, there had been no fighting; but here evidently it was to 
begin, if ever; for the only road to the city (this road being the 
continuation of the one leading from Mexicalcingo to the capital, 
and on which we should have had to travel, had the plan been pur- 
sued of carrying that place) here consisted of a causeway, flanked 
on either side by flooded lands, (on the firmest spots of which a 
man would have been ankle deep in mud, and consequently im- 
practicable for cavalry or artillery,) and intersected by a series of 
redoubts and batteries of great strength and very heavy metal. The 
first of these, about three miles by the road from San Augustin, 
was at the hacienda of San Antonio. It presented an obstacle so 
formidable, that, after the most careful reconnaissances — in the 
course of which Captain Thornton, of the dragoons, was cut in two, 
while supporting Captain Mason of the engineers, over whose head 
the ball passed — but little or no doubt remained that it would cost 
General Worth, who had approached it for this purpose, half of 
his division to carry it by assault. 

Other reconnaissances were made on the day of our arrival at 
San Augustin ; and the result being brought in by the engineers 
late at night, the determination was then taken to turn San Anto- 
nio, by opening a road through the hilly country, from San Augus- 
tin to an excellent turnpike which connects some manufactories with 
the city. , ^ 

On this work General Pillow's division was detailed, to (com- 
mence operations on the morning of the 19th,) and that of General 
Twiggs to act as the support of the working party. This design on 
our part having become apparent, through the employment on the 
day previous of Captain Lee, of the engineers — whose supporting 
party had been attacked by, and had driven, an immensely supe- 
rior force — the next morning (the 19th) the enemy appeared in 
heavy force, consisting of cavalry and artillery as well as infantry, 
occupying a position of very great strength, just beyond the 
turnpike to which I have referred as the one which our contemplated 
road was intended to enable us to reach with our wagons and ar- 
tillery. There was but one possible track for this road; and this 
track, for the greater part of its length, was commanded by the po- 
sition which the enemy occupied on the morning of the 19th. 

The design, however, was not abandoned. Pillow's division 
went to work with their pickaxes and spades, with Twiggs in pro- 
per position to protect them. About three o'clock they reached a 
point beyond which the labor could not proceed without first driv- 
ing the enemy, for there they came under the fire of his guns, 26 
in number, and many of thern of exceedingly heavy calibre. Ow- 
ing to the nature of the ground over which our troops had to ap- 
proach the enemy, and which was absoluely impassable for horse 
or artillery, or even for single horsemen picking their way, the 
work of dislodging him had to be done entirely by the infantry. 
Then commenced a series of actions, and a display of qualities on 
the part of our troops, which can never be properly estimated by 



189 [ 52 ] 

our country — for this would require a detailed and personal 
knowledge of the inconceivable difficulties presented by the ground, 
and these aggravated by the weather — but which, I feel perfectly 
convinced, surpass in military merit anything that has ever oc- 
curred under our flag. 

The battle of Mexico — as this series of most brilliant exploits is 
called — terminated about three o'clock in the afternoon of the 
second day, the 20th instant; the last point carried being Churu- 
liusco, a small town on the main road from Acapulco to Mexico, 
which we here again came upon, having left it at San Augustin, 
It is but three and a half miles from the capital; and our troops 
might beyond doubt, have penetrated there — possibly without any 
additional fighting — had not this been forbidden by considerations 
of humanity towards the unoffending inhabitants, to say nothing of 
the reasons of policy which stood in the way, or of the condition 
of our troops, who were in a state imperatively demanding food 
and rest. I must say in justice to General Scott, that he is never 
unmindful of either of these considerations. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan, 

Secretary of State. 



Palacio del Gobierno Federal, 
Mexico, 20 de Jigosto de 1847. 

El infrascrito, ministro de relaciones interiores y exteriores, tiene 

orden del exmo. S. Presidente interino de la rrpublica de decir a 

S. E. el S. Buchanan, ministro de negocios extrangeros de los 

Estados Unidos de America, que no siernpre el exito de las batallas, 

aeompafia a la justicia de la causa porque se'han dado: atendida 

esta y nada otra cosa, si otra hubiera que atender, el gefe de los 

Estados Unidos Mexicanos ha combatido hasta el momento en que 

por sucesos que no es la ocasion de referir, las tropas de los mismos 

Estados Unidos de America se encuentran en las puertas de la 

capital: escuchando entonces otros deberes que tambien tiene como 

primer magistrado de su pais, y mando de las facultades que le 

competen conforme a su consLtucion, ha resuelto se de.oido a las 

proposiciones que haya de hacer D. Nicolas Trist nombrado por 

parte de'aquel gobierno, con tal que ellas sean ventajosas a las dos 

naciones y dejen a cubierto el honor de la republica Mexican?, 

como constantemente se ha dicho en las camaras de Washington y 

lo aseguro el ministro Norte Americano al gobierno de la Gran 

Bretafia, y en la inteligencia de que el gobierno Mexicano se pres- 

tara a que se abran preliminares de paz no pasando de un alio el 

termino dentro del cual haya de celebrarse un tratado y sometien- 

dose este, segun la constitucion del pais, a la aprobacion de la 

autoridad a. quien ella comete esta atribucion. 

La naturaleza de esta comunicacion no permite estenderse en 



[52] 



190 



ella, y cree el infrascrito que lo dicho es bastante para responder 
la nota de S. E. el S. Buchanan de 15 de Abril ultimo, a quien con 
este motivo presenta las seguridades de su distinguida considera- 

cion. 

J. R. PACHECO. 

A. S. E. el Sr. Ministro de Negocios Extrangeros 

de los Estados Unidos de America. 



[No. 13. J Head-quarters of the U. S. Army, 

Tacubaya, August 24, 1847. 

Sir: The enclosed is the duplicate of part of my despatch No. 
12, written on the night of the 22d, and sent off at daybreak the 
next day. I have since learnt that the courier bearing my No. 10, 
July 31st, enclosing a duplicate of No. 9, July 23-25, has been in- 
tercepted; and I do not know how many others of my communica- 
tions may nave' shared the same fate; for yours under date the 14th 
June is the only one that has reached me since my arrival in the 
country. Mishaps of this kind are matters of no small moment to 
me in my present situation; the demands upon my time being greater 
than the utmost diligence can enable me to meet. To say noth- 
ing of the loss of it unavoidably caused by the hurry and bustle of 
camp life, in the heart of an enemy's country, those portions of 
the day (and very often of the night also, to a very late hour) 
which might othen^se have been spent in writing, have to a very 
great extent been passed in the company of General Scott, who, 
independently of the occasions requiring consultation with me, 
very naturally feels desirous that I should fully understand the 
views by which he is governed at every step taken by him in dis- 
charging the duties of the post with which he is entrusted. In this 
way I have neces&arilj been present not only at military consulta- 
tions taking place daily, and running often into a late hour of the 
night, but also whenever an incident arose (and these have been 
many) of sufficient interest to render his determination upon the 
subject a matter of any consequence; whether with regard to the 
success of our arms, or in its bearings upon the object for which 
the war is waged, or in respect to the principles which govern his 
conduct towards the enemy and towards those placed under his 
command. Having thus been led to touch upon this topic, I must 
add that I have never, on any of these occasions, witnessed any- 
thing but what struck me as highly commendable, and as* calcula- 
ted to raise him in the estimation of all enjoying the like oppor- 
tunities of understanding his character and his qualifications. 
These never can be done justice to by any one who judges of them 
as I had, by the mere surface which he presents to the world. A 
close insight renders more and more manifest, in proportion as it 
is enjoyed, his pre-eminent fitness in all material respects for the 
very trying position in which he here finds himself; and it fully 
justifies the confidence which the army reposes in him as a master 
of his profession, as a commander under whose direction they may 



191 [ 52 ] 

confidently count that their success or their safety, or their comfort, 
will never be left to chance or hazard, so far as this can be avoided 
by vigilance and thoughtfulness, and a ready and skillful applica- 
tion, on every emergency, of the principles of the art of war, by 
one to whom practice and study have made them, and all details 
appertaining to them, perfectly familiar. 



I shall doubtless have occasion to recur to this subject; for, al- 
though I have hitherto looked upon the continued occupation of 
the country, even within the limits just indicated, as altogether out 
of the question, and have considered the plan of assuming a boun-' 
dary as the only one which could be adopted in the event of our 
failing to obtain peace, upon taking their capital, (now within our 
grasp, certainly;) yet, it does now seem to me exceedingly doubt- 
ful whether the plan of continued occupation will not be in every 
respect the preferable one, provided reasonable grounds should 
exist for believing that it will not be necessary to run it into too 
great length. 

I am, sir, very respectfully, your obedient servant, 



Hon. James Buchanan, Secretary of State. 



Head-quarters of jthe U. S. Army, 

Tacubaya, Jlugust 29, 1847. 

Sir: I have time only to refer to the enclosed, numbered from 1 
to — , inclusive, as giving a connected view of what has taken 
place down to the time of my meeting the Mexican commissioners. 
This meeting took place on the 27th instant, late in the afternoon, 
at a village eight miles distant, instead of two miles, as I had beta 
led to believe when I accepted the invitation. This distance from 
head-quarters being decidedly objectionable, for reasons which time 
does not permit me to enter into, I proposed another place about 
two miles distant, which has since been assented to; and we are to 
meet there to-morrow (Monday) morning. We met yesterday for 
the second time at Itzcapusalco, General Herrera being absent on 
account of an attack of gout. From what then took place, I drew 
a favorable augury. At the first meeting our respective powers 
were exhibited, and I remarked upon their (the Mexican commis- 
sioners) being restricted to the mere receiving of my propositions 
for transmission to the President for his consideration, observing 
that my powers authorized me to confer only with persons having 
the like authority. Nevertheless, I would deliver to them the pro- 
positions I had to make, which had been put in the form of a 
treaty, in the expectation that when we met to discuss the subject, 
their powers would correspond to mine. I determined upon this 
course, because it was obvious that if the sight of our propositions 
was to have the effect of preventing them from proceeding in the 
negotiation, this could take place just as well after they had re- 



[ 52 ] 192 

ceived their full powers as before. This was, therefore, 'a jioint of 
mere etiquette, and I sacrificed it to the substantial advantage of 
gaining time, and of pleasing the other party by not taking a stand 
against their mode of proceeding at the first step. Yesterday I was 
informed that the government had my propositions under considera- 
tion, and that they would lead me on Monday with powers corres- 
ponding to mine. The determination of the President to give these 
powers has, it is to be observed, taken place after they had my 
proposition under consideration; certainly not an unfavorable 
symptom. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



[No. 1.] Head-quarters, Army of the U. S. of America, 

Cuyoacan, Jlugust 21, 1847. 

Sir: Too much blood has already been shed in this unnatural 
war between the two great republics of this continent. It is time 
that the differences between them should be amicably and honorably 
settled; and it is known to your excellency that a commissioner on 
the part of the United States, clothed with full powers to that end, 
is with this army, to enable the two republics to enter on negotia- 
tions. I am willing to sign, on reasonable terms, a short armistice. 

I shall wait with impatience until to-morrow morning for a direct 
answer to this communication, but shall in the mean time seize and 
occupy such positions of the capital as I may deem necessary to 
the shelter and comfort of this army. 

I have the honor to remain, &c, &c, 

WINFIELD SCOTT. 

His Excel'y the President and General in Chief 

of the republic of Mexico. 



[No. 2.] Palacio del Gobierno Federal, 

En Mexico, a 21 de Jlgosto de 1847. 

Senor: El infrascrito, ministro de guerra y marina del gobierno 
de los E. U. Mexicanos, ha recibido orden del E. S. Presidente 
general en-gefe de contestar a la comunicacion de V. E., en que le 
propone la celebracion de un armisticio con el fin de evitar mas 
derramamiento de sangre entre las dos grandes republicas de este 
continente, oyendo las proposiciones que haga para el efecto el 
comisionado del E. S. Presidente de los E. U. de America, que se 
ha 1 . la en el cuartel general de su egereito. 

Lamentable es ciertamente que por no haber sido considerados 
debidamente los derechos <le la republica Mexicana, haya sido in- 
evitable el derramamiento de sangre entre las primeras republicas del 



193 [52] 

con'.in nte Americano, y con mucha esactitud califica V. E,. de 
desnaturalizada esta guerra, no solo por sus motivos sino por los 
antecedentes de dos pueblos tan identificados en relaciones y en 
intereses. La proposicion de un armisticio para terminar este 
escandalo, ha sido admitida con agrado por S. E. el Presidente 
general-en-gefe, porque facilitara el que puedan ser escuchadas las 
proposiciones que para el termino decoroso de esta guerra haga el 
Sr. Comisionado del Presidente de los E. U. de America. 

En consecuencia, me manda S. E. el Presidente general-en-gefe 
anunciar a V. E. que admite la proposicion de celebrar un armisti- 
cio, y para el efecto ha nombrado a los Seiiores generales de bri- 
gada D. Ygnacio Mora y Villamil y D. Benito Quijano, quienes esta- 
ran en el lugar y hora que me anuncie. 

Tambien me previene S. E. el General Presidente que comunique 
a V. E. su deferencia a que el egercito de los E. U. tome cuarteles 
cdmodos y provistos, esperando que estos se hallaran fuera del tiro 
de las fortificaciones Mexicanas. 

Tengo el honor de ser con alta cohsideraci'on y.respeto de V. E. 

Su mas obediente servidor. 

ALCORTA. 

A. S. E. el General Winfield Scott, 

En gefe del egercito de los E. U. de America. 



[No. 3.] Tacubaya, August 25, 1847. 

The undersigned, appointed commissioner of the United States of 
America to the United Mexican States, *vith full power to meet and 
confer with any person or persons having the like authority from 
the Mexican government, and with him or them to negotiate and 
conclude a lasting treaty of peace, friendship, and limits, between 
the two republics, begs leave to invite the attention of his excellency 
the minister of relations of Mexico to the military convention es- 
tablishing an armistice, concluded on the 23d and ratified on the 
24th instant, and has the honor to state that he is prepared to meet 
the commissioner or commissioners on the part of Mexico, and to 
request that an early day may be appointed for the meeting, at some 
place which may be convenient to both parties. 

The undersigned tenders to his excellency the minister of re- 
lations the assurance of his most distinguished consideration. 

N. P. T. 



[No. 4.] Palacio Nacional, 

» , Mejico, Agosto 26, de 3847. 

El infrascrito, ministro de relaciones interiores y esteriores, ha 
tenido el honor de recibir y poner en conocimiento del E. S. Presi- 
dente interino de la republica la nota en quad consecuencia del ar- 
misticio celebrado con el general en-gefe de las tropas de los Esta- 
dos Unidos, el Sor. Don Nicholas Trist, comisionado del gobierno 
13 



[52] 



194 



de aquclla nacion, con fecha de ryer, manifiesta que esta pronto a 
tratar con el comisionado 6 comisionados de esta republica, acerca 
de las proposiciones de paz que esta autorizado a hacer pidiendo se 
Senale proximamente dia para la reunion en el punto que se estime 
conveniente para ambas partes. 

El infraserito ha recibido orden del E. S. Presidente para mani- 
festar al Sor. Trist, en contestacion que ya se ocupa de notnbrar a 
la mayor brevedad los comisionados para oir las proposiciones que 
tenga viene a hac^r el mismo Sor. Trist, los cuales concurriran a 
las cuatro de la tarde del dia de maiiana en el pueblo de Atzcapo- 
salco como punto intermedio entre los que ocupan las fuerzas de 
ambas naciones, siempre que en esta designacion no encuentre in- 
conveniente el Sor. Trist, a quien el infraserito ofrece las seguri- 
dades de su distinguida consideracion. 

J. R. PACHECO. 

Al Sor. Don Nicolas Trist, 

Comisionados de los Estados Unidos de America. 



[No. 5. J Tacubaya, August 26, 1847. 

The undersigned, commissioner of the United States of America, 
has the honor to acknowledge the receipt of the note of this date, 
H. E. Stfior Pacheco, Minister of Relations of Mexico, acquainting 
him that if no objection exists on his part to the place indicated, 
he will be met by commissioners on the part of Mexico to-morrow 
at four o'clock of the afternoon, at the village of Atzcapusalco, as 
being an intermediate point between those occupied by the respec- 
tive forces of the two nations. 

The undersigned has the honor to state, in reply, that he accepts 
•with pleasure this invitation, in the hope that this first meeting will 
promptly be followed by a satisfactory settlement of all differences 
between the sister republics. 

He renews to Sefior Pacheco the assurance of his distinguished 
consideration. 

N. P. T. 

H. E. Don J. R. Pacheco, &c, &c, &c, 

Minister of Relations of the Mexican republic. 



[No. 6. J 

ANTONIO LOPEZ DE SANTA ANNA, GENERAL DE DIVISION, BENEMERI- 
TO DE LA PATR1A, Y PRESIDENTE INTERINO DE LOS ESTADOS UNIDOS 
MEJICANOS. 

A fodos los que el presente vieren, saber : 

Que habiendo resuelto en uso de las facultades que me concede 
la constitution federal, oir las proposiciones de paz que quiere ha- 
cer el gobierno de lo% Estados Unidos de Ameri a, por medio de 
su comisionado el Sor Don Nicolas Trist, y teniendo entera confi- 



195 [ 52 ] 

anza en el patriotismo, ilustracion, y deraas recomendables circun- 
stancias que adornan al E. Sor. General de Division, Don Jos6 Joa- 
quin de Herrera, al Sor. Lie. Don Jose" Bernardo Couto, al Sor 
General de Brigada, Don Ignacio Mora y Villamil, y al Sor Lie. 
Don Miguel Atristain, he venido en comisionarlos para que pasen 
al pueblo de Atzcaposalco a recibir y transmitirme las citadas pro- 
posiciones que viene a hacer el mencionado Senor Don Nicolas 
Trist ; para cuyo efecto les concedo a los cuatros el pleno poder 
necessario ; autorizando al Sor. Don Miguel Anroyo para que les 
asista y acompane en clase de secretario 6 interprete por la confi- 
anza que igualmente mereze. 

En 16 de lo cual he hecho espedir el presente firmado de mi mano, 
autorizando con el sello nacional, y refrendado por el Secretario de 
Estado y del despacho del Ministerio de Relaciones Interiores y 
exteriores en el Palacio Federal de Mejico, & los veinte y siete dias 
del mes de Agosto del ano de mil ochocientos cuarenta y siete, 
vigesimo septimo de la independencia. 

ANTONIO LOPEZ DE SANTA ANNA. 

Refrendado — 

J. R. Pacheco. [l. s.] 



[No. 15. — Confidential.] Head-quarters of the U. S. Army, 

Tacubaya, September 4, 1847. 

Sir : The conference between the Mexican commissioners and 
myself, on the 2d instant, resulted in my saying that if they would 
submit to me a formal proposition to establish as the boundary be- 
tween the two republics the one defined in the accompanying paper, 
(enclosure No. 1,) I would transmit it to Washington, and would 
propose to General Scott to consent to. the continuation of the ar- 
mistice until the answer of our government should be received ; 
the calculation being that this would require from forty to forty-five 
days, sending expresses both to Tampico and Vera Cruz. The idea 
had been thrown out by one of them, (not without his being inter- 
rupted by the others, to remind him that their instructions did not 
in any way warrant any such proposition or intimation on their 
part, but just the reverse,) that provided I should agree to the 
other parts of a boundary nearly coinciding; with the one above re- 
ferred to, they might possibly obtain permission to relinquish New 
Mexico. This, he said, was the utmost possible extent to which 
they could go, in the way of sacrifices to the cause of peace j and 
supposing that they should succeed in obtaining the consent of the 
government to its being made, which was exceedingly doubtful, it 
would then remain more doubtful still whether the government 
could maintain itself in a position so highly perilous with refer- 
ence to the sentiment of the country, and affording so great advan- 
tage to those disposed to assail it, as well as to those who, inde- 
pendently of this motive, werebanded together as opponents of all 
negotiation, ready to brand as a traitor every man who manifested 



[ 52 ] 196 

a different sentiment. In a word, the practicability of carrying the 
thing through was problematical in the extreme. Nevertheless, the 
government might possibly be induced to venture' upon it. If, 
however, we Insisted upon more, the war must go on. Their re- 
verses would probably continue. Well, if it must be so, it could 
not be helped ; but at least we should have to content ourselves 
with possessing no other title to any of their territory than that by 
conquest, in all its nakedness, and subject to all the odium and to 
all the insecurity that inseparably attach to it. 

These remarks were made by , after I had quieted 

the objections of his associates to his proceeding, by stating, that 
everything said by him, or either of them, would be regarded by 
me as a confidential expression of their individual views, and as 
merely an evidence of their own sincere and strong inclination to' 
peace, unless the character of a formal proposition were expressly 
given to it by themselves. After this, he was allowed to proceed; 
and the conversation became very unreserved on the part of all, 
and was extended to considerable length. In the course of it, 
their concurrence in his suggestion, and in the convictions ex- 
pressed by him, was manifested in ways which left no doubt on my 
mind (indeed, it was already free from any) as to their being most 
sincerely disposed to go all practicable lengths to restore peace; 
and, also, in regard to their being fully and conclusively satisfied 
that they could venture no further; that it was the utmost possible 
extent to which the government could go, with any hope of thereby 
advancing the cause. A single step beyond it, and this cause 
would inevitably be prejudiced; as could not but be the consequence 
of placing it upon grounds rendering the consummation of the 
measure impossible. This was, beyond doubt, their honest con- 
viction. My own is, that it rests upon the most solid grounds; 
and, that they were perfectly correct in saying, as one of them did, 
(and he was echoed by the rest, in tones and looks showing that 
they were most unaffectedly, and anxiously, impressed with the 
force and m6mentousness of the truth uttered by him,) "If we are 
to succeed in accomplishing a peace, herein does it lie;" his finger, 
as he spoke, running over the territory comprehended between the 
Nueces and the Bravo, on the map before us. 

My concurrence in this conviction, is, as I have already stated, 
entire; I can see no reason, whatever, to hope for the possibility 
of any nearer approximation to our ultimatum; I believe that the 
alternative presented to us by the state of things in this country, 
actual and prospective — supposing that a full and perfect knowl- 
edge of every fact and every circumstance pertinent to the subject 
were possessed at Washington— would be clearly seen to be to ac- 
cept this approximation, or to relinquish, for an indefinite period, 
all idea of a treaty. At any rate, this is, beyond all doubt, the 
state of the case at the present moment; and, knowing it to be so, 
although I deemed it in the very highest degree improbable, that 
our government could assent to this modification of the boundary 
proposed by it, (and I so stated to the commissioners,) I made the 
offer above mentioned; this being the only course left me, except 



197 [ 52 J 

that of announcing that their non-assent to the ultimatum pre- 
scribed to me put an end to the negotiation, and with it to the ar- 
mistice; thus scattering to the winds all hopes of bringing the war 
to a close, by breaking up, at its very inception, the peace party, 
a nucleus for which had been formed from the moment that the 
commissioners on the part of Mexico had been prevailed upon to 
accept the appointment; particularly General Herrera and Senor 
Coiito, (General Mora having long been a decided and pronounced 
friend to negotiation, even before the war commenced, whilst the 
fourth member, Senor Atristain, though respectable, is a man of 
far less note and weight,) whose committal to the cause of pacifi- 
cation was a point of immense value; for, down to that moment, it 
was predicted by all Santa Anna's opponents, (among whom they 
both are, as highly distinguished members of the moderado party,) 
and universally believed, that he would not be able to prevail on 
any but his own creatures to take upon themselves the responsi- 
bility of having anything to do with the business. 

I had, at the beginning of this conference, formally laid our ulti- 
matum before them, so far as regards the line of boundary; re- 
maiking, as I handed them the paper, that they would find in it a 
confirmation of what I had said the day previous, respecting the 
slightness ofj the difference between the boundary proposed in the 
projet and that which I was bound to insist upon; whilst, on the 
other hand, it would make a great difference in the amount which 
I could offer in consideration of their acceding to that boundary. 
This amount I had not made known to them, because no suitable 
occasion had presented itself for so doing; and on the present, from 
the turn which the question took, I could not, withou 1 manifest in- 
delicacy, and without the certainty of wounding and offending their 
national pride, bring forward,' as being calculated to exercise a 
preponderating influence with them, a consideration which, it was 
evident that they attached no sort of consequence to, as compared 

with others. 

* # # # # #•# * * 

Next in importance to the retention of this barrier, comes that 
of New Mexico. Both honor and interest, they say, forbid them 
to surrender it. They could not, without ignominy, "sell" a por- 
tion of the population of the country, who have given such stri-<sv 
king proofs of fidelity to the republic, and of their determination 
to retain the character of Mexican citizens. On the other hand, 
interest required them to hold on to that part of the republic as 
one of its main depmdencies, for meat to feed its inhabitants. Upon 
these grounds, set forth in considerable detail, rested the special 
objection to parting with New Mexico. They could, at the ut- 
most, give us but a portion of it — the less peopled part; beginning 
the boundary line on the Pacific, at latitude 36° 30', and running 
it due east until it passed Santa Fe; then down, southward, some 
distance, and again eastward so as to strike the head of the Nu- 
eces. 



[52] 



198 



To these objections I replied by pointing out the examples of 
Louisiana and Florida, in proof of the great enhancement in value 
which the property of the citizens of New Mexico would experience; 
and which, if it was their pleasure to relinquish the quiet and safety 
secured to their country by the transfer, would enable them with 
the proceeds of sale of their present possessions to remove to the 
adjacent parts of Mexico, and there to acquire property of double, 
treble, or quadruple the value now attached to the former. As to 
the supplies now drawn from the pastures of New Mexico, they 
would, under the influence of American enterprise and management, 
soon be afforded in greater abundance, of a better quality, and at a 
far less price; and this dependence (as they objected that it would 
be) of Mexico upon a foreign country for a primary want was alto- 
gether ideal and fallacious, since the reality of the matter would 
be a mutual dependence of the two parties for a supply and for a 
market; a relation which could not fail to foster between the two 
countries, as far as its influences, direct and indirect, should reach ? 
a spirit of good fellowship and an aversion to any falling out. 

Finally, this second sine qua non — as it at first seemed likely to 
prove, and as it yet may turn out to be — was conditionally abandon- 
ed by the commissioner to the extent and in the sense stated at the 
commencement of this communication; that is to say, they agreed 
to lay my offer before their government for such new instructions 
as it might decide to give. In order to preclude mistake, the 
boundary contemplated in this offer was written down by me: in 
the first instance, by commencing on the Pacific, as had been sug- 
gested by them, and afterwards by beginning on the Atlantic, be- 
cause I found greater prolixity occasioned by the former starting- 
point than by the latter. In tracing this boundary, two points will 
catch your attention: the first, that I have left out the Paso del 
Norte; the second, that I have left out part of Upper California. 
In regard to the first point, although I am convinced, as your are 
aware, of the importance of the Paso del Norte to us, or at any 
rate that it is very desirable to us to hold it, yet its importance did 
not seem to me sufficient to warrant the risk attendant upon the 
multiplication of the grounds of clamor against the treaty, which 
risk would have been incurred by running the line south of the 
Paso; for this would have been to "dismember a State," that post 
being, so far as could be judged, within Chihuahua. With respect 
to the lower part of Alta California, the commissioners had insist- 
ed upon the absolute necessity of their possessing an overland 
passage to Lower California; and although they were, I believe, 
forcibly struck with the truth which I pointed out to them, that 
their possessing the lower part of the Colorado would inevitably 
give rise, in a very short time, to the old Mississippi question over 
again; yet they are so completely mastered by the need of the mo- 
ment, (to part with the least possible amount of territory,) that it 
outweighs every consideration, the force of which admits of being 
staved off. This I believe was the only reason for their catching 
up at once my remark, that my instructions did not require me to 
insist upon Lower California, and their setting down the abandon 



199 [ 52 ] 

ment of this part of our pretension as a settled point, regardless of 
the curtailment of the pecuniary compensation which 1 told them 
would necessarily result therefrom. In their hearts they were con- 
vinced of the tiuth of what I said, (nay, it was expressly assented 
to,) that no benefit whatever resulted to Mexico from the possession 
of Lower California, whereas she would derive great advantage 
from the influences exercised over her sea coast opposite to the inner 
shore of that peninsula, by the flourishing commercial towns which 
would in a very short time spring up under the American flag. But 
this conviction had no influence, nor could it be expected to have 
any influence, over the determination of minds preoccupied by the 
one overwhelming consideration to which I have adverted. 

Their retention of Lower California being decided upon, it fol- 
lowed, (so they said,) as a matter of course, that they must reserve 
also a land passage to that portion of their territory; though I be- 
lieve that here also their real motive was to save appearances,, 
more than anything else, and to avoid exposing themselves, and 
the treaty into which they might enter, to the clamor that they had 
insulated Lower California, and by so doing had placed it at the 
mercy of our maritime power. That the possession of the land 
communication makes no practical difference whatever, under the 
existing circumstances and prospects of the two countries, is per- 
fectly obvious. 

Among the points which came under discussion was the exclusion 
of slavery from all territory which should pass from Mexico. _ In 
the course of their remarks on the subject, I was told that if it 
were proposed tOjthe people of the United States to part with a 
portion of their territory, in order that the inquisition should be 
therein established, the proposal could not excite stronger feelings 
of abhorence than those awakened in Mexico by the prospect of the 
introduction of slavery in any territory parted with by her. Our 
conversation on this topic was perfectly frank, and no less friendly; 
and the more effective upon their minds, inasmuch as I was enabled 
to say, with perfect security, that although their impressions re- 
specting the practical fact of slavery, as it existed in the United 
States, were, I had no doubt, entirely erroneous; yet there was 
probably no difference between my individual views and sentiments 
on slavery, considered in itself, and those which they entertained. 
I concluded by assuring them that the bare mention of the subject 
in any treaty to which the United States were a party, was an ab- 
solute impossibility; that no President of the United States would 
dare to present any such treaty to the Senate; and that if it were in 
their power to offer me the whole territory described in our projet, 
increased tenfold in value, and, in addition to that, covered a foot 
thick all over with pure gold, upon the single condition that slavery- 
should be excluded therefrom, I could not entertain the offer for a 
moment, nor think even of communicating it to Washington. The 
matter ended in their being fully satisfied that this topic was one 
not to be touched, and it was dropped, with good feeling on both 
sides. 

In regard to all matters of subordinate consequence, I gave every 



im 



200 



proof which the nature of the subject permitted of the strongest 
disposition on our part to spare their national pride, and to save 
their pecuniary interests. For instance, in regard to artillery and 
the armament of the country generally, they proposed that their 
fortifications should be restored in the state in which they had been 
taken. This I declined to accede to, saying that we had exercised 
and would continue to exercise the right, urjiversally recognized, 
to retain trophies. But, I added, this right would be exercised with 
moderation; and I related a conversation recently had between 
General Scott and myself on this subject, which showed that his 
views and disposition in regard to it were liberal and generous in 
the extreme, extending even to the restoration of their field artil- 
lery, (with the exception of a very limited number of trophies,) on 
the ground that he had no desire to strip the country of her means 
of defence, and wished not only that peace should take place, but 
that it should be '■ a healing peace." They were evidently touch- 
ed with this, and inquired if there would be any objection to the 
field artillery being included in the stipulation? to which I replied 
that. I could not engage to enter into such a stipulation without 
the express consent of General Scott, although I had no doubt that 
it would be cheerfully given. (And it was given, so soon as I 
informer] him of the conversation.) 

In the view of the extreme destitution of the government, and 
the urgent need in which it will stand, now more than ever, of 
pecuniary resources to maintain itself , should a treaty be nego- 
tiated, I offered, simultaneously with the signature of a treaty, to 
enter into an agreement, subject to the approval of the President, 
that their custom-houses shall be restored to them forthwith, and 
that they shall have the entire management and control of duties upon 
imports: this agreement to embrace all duties upon previous importa- 
tions not actually collected at the time when the President's order 
shall be received at the respective ports. This offer had a most 
marked effect, not only as an evidence of the general disposition 
on our part towards them, but because of the importance of the 
pecuniary relief of which it affords a promise. I beg leave to 
suggest that the subject be taken into consideration as early as 
practicable; and that if my offer be approved, the order (modified 
so as to exempt our army supplies from all duty or inspection) be 
despatched at once, to come into effect upon a notification from 
me that a treaty has been signed. The influence of such an order, 
or its fruits rather, will be highly important towards procuring 
the ratification of a treaty; and even if we should fail now, it can- 
not but prove a strong card in my hands, so long as any prospect 
whatever may exist of negotiating one. 

Should my offer be accepted, this will go by quadruplicate, two 
by Sftera Cruz and two by Tampico, under the security afforded by 
double passports. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan, 

Secretary of State. 



201 [ 52 J 

[Enclosure in No. 15. J 

The boundary line between the two republics shall commence at 
a point in. the Gulf of Mexico three leagues from land, opposite to 
the middle of the southernmost inlet into Corpus Christi bay; 
thence through the middle of said inlet, and through the middle of 
said bay, to the middle of the mouth of the Rio Nueces; thence 
up the middle of said river to the southernmost extremity of Yoke 
| lake, or Laguna de las Yuntas, where the said river leaves the 
said lake, after running through the same; thence by a line due 
west to the middle of the Rio Puerco; and thence up the middle 
of said river to the parallel of latitude six geographical miles 
north of the fort at the Paso del Norte, on the Rio Bravo; thence 
due west along the said parallel, to the point where it intersects 
the western boundary of New Mexico; thence northwardly along 
the said boundary, until it first intersects a branch of the river 
Gila; (or if it should not intersect any branch of that river, then 
to the point on the said boundary nearest to the first b anch there- 
of, and from that point in a direct line to such branch;) thence 
down the middle of said branch and of the said river Gila, until it 
empties into the Rio Colorado, and down or up the middle of the 
Colorado, as the case may require, to the thirty-third parallel of 
latitude; and thence due west along the said parallel, into the Pa- 
cific ocean. And it is hereby agreed and stipulated that the ter- 
ritory comprehended between the Rio Bravo and the above de- 
fined boundary, from, its commencempnt in the Gu'f of Mexico up 
to the point where it crosses the said Puo Bravo, shall forever re- 
main a neutral ground between the two republics, and shall not be 
settled upon by the citizens of either; no person shall be allowed 
hereafter to settle or establish himself within the said territory* for 
any purpose or.under any pretext whatever; and all contraventions 
of this prohibition may be treated by the government of either re- 
public in the w r ay prescribed by its laws respecting persons estab- 
lishing themselves, in defiance of its authority, within its own 
proper and exclusive territory. 



[No. 16. — Confidential.] Head-quarters of the U. S. Army, 

Mexico, September 27, 1847. 

Sir: The news of the renewal of hostilities, and of the capture 
of this city, after another series of actions, in which our troops 
have again covered themselves and their country with glory, will 
have prepared you for an account of the failure of the negotiation. 

On the 5th instant I received a visit from the secretary of the 
Mexican commissioners, who came to make an appointment for a 
meeting at the usual place on the following day. I was there at 
the hour named, (10 o'clock,) and officers w T ere there to receive 
me; but the commissioners did not make their appearance until the 
hour of one. Apologies were not wanting on their part, but they 
were not needed by me, for I understood their position perfectly; 



[52] 



202 



the whole time since our last meeting had been employed in cabinet 
consultations and discussions, and they were now just from the last 
of these, to bring me the final result. Of the complexion of this 
I could have judged from their looks, even if I had not previously 
been informed of what it was, in all likelihood, to be. 

After an inquiry (evidently made without any expectation on 
their part that it could be answered otherwise than by the negative 
which I gave) whether the question of the transfer of New Mexico 
could not be left to its inhabitants, they produced the rough 
draughts of two papers, which, after being read to me, were placed 
in the hands of clerks, who had been brought out from the Secre- 
tary of State's office, to make copies for signature. Copies of these 
papers, and of my reply, are herein enclosed, numbered from 1 to 
3. This reply has not yet been transmitted by me; for hostilities 
were renewed on the following day, as will be seen from enclosure 
No. 4, and actively prosecuted until the capture of this city; from 
which event dates the total dissolution of the Mexican govern- 
ment: there has not, since that moment, been any recognised au- 
thority in existence with whom I could communicate. Santa Anna, 
after flying from pillar to post for many days, is now at Puebla, 
with some troops, which cannot be at all numerous or formidable, 
under the command of himself and of Generals Alvarez and Rhea. 
Such remnants of the army lately embodied in this city, amounting 
to from 20 to 25,000 men, as have not disbanded themselves, were, 
by Santa Anna's orders previously to his leaving this neighborhood, 
divided into "sections" and marched off to the different States, 
with a view to their subsistence. This, at least, is the face put 
upon the matter in a circular from Pacheco, late minister of rela- 
tions, to the governors of the States, dated at Toluca on the 18th 
instant, and this day published here from a paper established at 
that place, and pretending to style itself the "Diario del Go bier no." 

To-day, also, among other documents of a similar stamp, all 
constituting a futile attempt on the part of Santa Anna to keep up 
a show of authority, has been published here a paper from him, 
dated on the 16th instant, in which, at the same time that he re- 
signs the Presidency ad interim, he takes upon himself to " decree" 
that, in pursuance of the provision of the constitution, the supreme 
executive power of the nation resides, from and after the publica- 
tion of this decree, in the president of the supreme court of justice; 
and he also takes upon himself to appoint, as the two associates of 
the president, General Herrera and Serior Alcorta, (late Minister of 
War, and a staunch friend of peace.) The reason assigned for this 
resignation is, that, resolved as he is to contend to the last as a sol- 
dier, at a distance from the seat of government that is to be, (Que- 
retaro,) the public interests forbid his retaining the office of Presi- 
dent. His real desire and intention (although circumstances may 
arise to produce a change) are, I know, to escape from the country. 
And it is much to be 1 wished that he were once more out of it; for, 
although he is universally considered as forever prostrate, and this 
belief has already had a most marked effect upon those whose sole 
or chief motive for opposing all steps towards peace was the appre- 



203 [ 52 ] 

hension that this would serve to consolidate his power; yet, to ren- 
der this effect complete, nothing short of his death or his absence 
from the country will suffice. 

The true state of the case is this: Mr. Pena y Pena, as president 
of the supreme court of justice, is, by the constitution, the Chief 
Executive, and is now' on his way from Toluca to Queretaro, where 
Congress are to meet on the 5th of October; the same " sovereign 
constituent Congress." whose functions are now considered as lim- 
ited to the subject of the war with the United States, the duty of 
" constituting the nation" having been fulfilled. Four days ago I 
was informed by a most trustworthy person, who had just seen Sa- 
lonio, the president of Co.igress, that there was every reason to 
expect that 94 members would be in attendance on the day named, 
(the number necessary for a quorum being 71.) There were at that 
time 37 members in this city, who had been individually visited by 
Salonio, and had given the most positive pledge to be there. There 
were also 17 at Toluca, who had given the same pledge; and forty 
were already assembled at Queretaro. 

I must not omit to say, in justice to Santa Anna, that I am per- 
fectly convinced that no man was ever more sincere in anything 
than he was in his wish to make peace, or more firmly resolved 
than he was to go all practicable lengths to effect the object. But 
the thing was an impossibility, upon the basis on which alone we 
would have it. He kno patriot — just the reverse; but had he been 
the purest of patriots, he could not have displayed more single- 
mindedness than he recently has, or striven with more energy and 
efficiency against the numberless difficulties of all sorts which 
whelmed him in. Having, after several days of hesitation, made 
up his mind that he could not agree to our boundary, he then gave 
to the whole affair the complexion best calculated to protect him 
against the denunciations which he knew would be poured* forth 
in all quarters. From the documents in the enclosed pamphlet,* 
(enclosure No. 5,) it will be seen that he had from the beginning 
prepared for a display of ultraism, in the maintenance of " the 
rights and dignity" of Mexico, that could not be surpassed by any 
of his assailants. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 

P. S. — Tuesday morning, September 28, 1847. I received last 
night your despatch of tLe 19th July. That of the 13th of the 
same month was intercepted and opened, together with the private 
letters in the same envelope; and in this state sent to me by the 
minister of relations on the 6th instant, the last day of the armis- 
tice. 



[521 



204 



Mexico, September 28, 1847 — 12 o'clock, meridian. 

An official letter has this moment reached here, announcing that 
Peiia^ Pefia has entered upon the discharge of the executive du- 
ties, and is to proceed forthwith to Queretaro. It is dated Toluca, 
September 26, and signed by Don Luis de la Rosa, (a peace man) 
as Minister of Foreign Relations. 

I have opened this to say that a long letter, most interesting, from 
one of the best and ablest men of the country, has just been read to 
me, dated the 26th at Toluca. The anarchists have thus far been com- 
pletely foiled, and the prospect is highly encouraging. These an- 
archists (in the State legislature) are men without character or 
weight of any kind. They had passed a decree declaring the sepa- 
rate sovereignty of the State; and that they would recognize no 
federal authority save that of the coalition of Lagos. The gover- 
nor has refused to publish the decree. 



[No. 17.— Confidential.] 

Head-quarters of the U.S. Army, 

Mexico, October 1, 1847. 

Sir: I transmitted, some days since, via Vera Cruz, my numbers 
15 and 16, together with duplicates of 12, 13, and 14. Duplicates 
of the two former are herein enclosed. After my packet had been 
sealed and delivered to the person who was to carry it, I received 
some interesting intelligence from Toluca, which formed the sub- 
ject of a hurried note, sent by the same individual. Thus far, the 
friends of good order and of peace are proceeding prosperously in 
their efforts to organize a government in strict conformity with the 
constitution. Mr. Pefia y Pefia, who, by virtue of the office of 
president of the supreme court of justice held by him, is the chief 
executive of the republic, has assumed this charge, and has ap- 
pointed Don Luis de la Rosa Minister of Relations. This has been 
officially announced to the diplomatic corps, and they (Pefia and 
Rosa) have proceeded together to Queretaro, where Congress are 
to meet on the 5th instant. It was proposed to the State legisla- 
ture, then assembled at Toluca, to administer the oath of office to 
Sefior Befia; but after a very protracted and angry discussion, they 
refused to do so, and passed a violent anti -peace decree, declaring 
that they would recognize n,o federal authority save that of the 
congress of the Lagos coalition. 

The governor (Olagubel, one of the many opponents of Santa 
Anna, whose dispositions in regard to peace have become consider- 
ably modified by his downfall) refused to allow this anarchical de- 
cree to be published, and there has been a general burst of indigna- 
tion against it. According to every appearance, it will do good. 
The delegation from the State to the sovereign Congress has deter- 
mined to disregard it. 

******* 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan. 



205 [ 52 ] 

[No. 18.] Headquarters of the U. S. Army, 

Mexico, October 25, 1847. - 

Sir: I availed myself, a short time since, of an opportunity (the 
first that has occurred for such purpose since my arrival in this 
country) to send you a file of Mexican papers. In these will be 
found, marked, such articles and passages as are calculated to af- 
ford an idea of what is going on in the republic at the present 
crisis. Although the friends of order have thus far succeeded, 
even beyond their most sanguine hopes, in organizing, and obtain- 
ing support for, a federal executive, which presents specious claims 
to a sanction from the constitution, and bids fair to stand firm until 
it can be replaced by a constitutional election of President and 
Vice President, (now taking place;) yet those claims, when the 
question is closely and fully examined into, are found liable to ob- 
jections which it is impossible to answer; and the existing execu- 
tive can, in strict truth, be considered only as a government de 
facto, spontaneously arising, at its own mere motion, out of the 
chaotic state of things consequent upon the total dissolution of the 
federal organism, which occurred simultaneously with the capture 
of this metropolis. This dissolution, I say, was total. It is true, 
that the authority of the constitution of 1824 had been legitimately- 
restored; but, as yet, no action had taken place under it, and it was 
altogether uncertain whether any ever would. Previously to the 
final defeat of the army, and the prostration of Santa Anna, by 
which it was attended, (as everybody knew, beforehand, that it 
must be,) the very strongest probability had existed, that, if his 
power should continue but a little while longer, all the fruits of 
the labors of the sovereign constituent Congress would prove but 
a dead letter; that the constitution would be smothered under the 
pretexts and facilities which the state of the country afforded for 
the establishment of dictatorial power. (And the first use of this 
would have been, to make peace; the obvious and sure way. at once 
to secure all the requisites for the consolidation of that power.) 
After that event, the same probability remained — nay, the danger 
became even more imminent and more manifest than before — from 
the operation of other causes, tending in the opposite direction. 
This was the state of things, so far as regarded the constitution 
which had been adopted as the law of the land, but had not yet 
come into force. On the other hand, at the time of our entrance 
into this city, the only actually existing federal authority was that 
vested in, first, the "sovereign constituent Congress," elected for 
the twofold purpose of re-establishing the constitution of 1824, 
(with amendments,) and disposing of all questions connected with 
the war; and, secondly, the executive provisionally created by that 
body, when it first met, in appointing Santa Anna and Gomez Fa- 
rias, president and vice president ad interim. But, many months 
.had elapsed since the Congress had formed a quorum, and it was 
exceedingly doubtful whether they could ever again be brought to- 
gether; and, with respect to the executive branch, it was not 
merely vacated, but its existence totally ceased with the resigna- 



! 



[52] 206 

tion and flight of Santa Anna; for the appointment of Farias had, 
ever since the month of April, been rescinded by Congress, and the 
vice presidency ad interim left vacant. 

There was, then, no executive authority in existence, nor the 
possibility of the creation of one, except by a new appointment 
ad interim by the sovereign constituent Congress, (in regard to 
which it was very doubtful whether it would ever again meet,) or 
by an election under the recently resuscitated constitution, which 
had yet to show whether the generally prevailing belief, against 
the possibility of its ever coming into force, was or was not to 
prove just. That instrument did, to be sure, contain a provision 
to meet this emergency; for, in case of vacancy in the offices of 
president and vice president, it devolves the executive functions 
upon the president of the supreme court of justice: but it so hap- 
pened, that this office was itself vacant. The person who had last 
held it (by election, as prescribed by the constitution) was dead. 
Senor Pena y Pena was, at most, but the senior justice of the tri- 
bunal- and the validity of his title to be considered even as belong- 
ing to it at all, was questionable on more than one point. 

These objections, however, were overlooked, through the desire 
to avoid utter anarchy; or, more strictly speaking, to rescue the 
country from it, for it was already in full progress; several of the 
State legislatures having passed decrees, and others being upon 
the point of doing so, declaring the federal government dissolved, 
and the States to be reinstated in their respective sovereignties. 
At first, it seemed that nothing could stay the swelling tide, and 
that the whole country was soon to be overwhelmed by it, past all 
redemption; but, through efforts the most active and unremitting 
on the part of a few men, whose characters commanded confidence, 
congenial spirits to their own were suddenly roused and incited to 
similar exertions, at various centres of action throughout the coun- 
try; and although, for a time, the most sanguine among them al- 
most despaired of success, they have finally triumphed in obtaining 
a general recognition of the provisional authority of Pena y Pena; 
a triumph which, considering the serious constitutional objections 
•which existed against his recognition, and the number of factions 
at work to prevent it, is a subject of just wonder. " 

The last of these factions which has reared its head (and for a 
■week or two, recently, it kept all hopes at a stand, and even caused 
them to flow back) consists of the Santanistas, the devoted personal 
adherents of Santa Anna, who have always been ready to go for 
him, without regard to the views which he might profess for the 
occasion. These men, availing themselves of the exasperation and 
desperation to which the army have been brought by the universal 
scorn with which they are treated, and by the daily augmenting 
indications of a general determination to get rid of them, organized 
a plot to resuscitate Santa Anna, by means of a pronunciamento at 
Queretaio and other points. The scheme, however, though the 
movements and demonstrations which took place in pursuance of 
it were for awhile prouuctive of great uneasiness, has entirely 
failed : and it is not considered at present as a just cause for ap- 



207 [ 52 ] 

prehension. This plot is the explanation of Santa Anna's having 
lingered in the neighborhood of Puebla, after his recent discom- 
fiture there ; delaying his departure towards Oajaca, which had 
been his destination (in order to get out of the country) when he 
quitted this district ; at which time, he had not any idea whatever 
of engaging in the attempt he subsequently made upon Puebla ; 
being incited thereto by a combination of fortuitous circumstances, 
that caused his expiring hopes to flicker up for an instant, and de- 
lude him with the fancy that his ruin might not yet have been 
consummated ; although, in the opinion of the most sagacious men 
of all parties, it was sealed forever from the moment this capital 
fell. Strong and firm, however, as this belief is, it would be a 
great relief to those who find comfort in it to kr.ow that he was 
once fairly out of the country. It is considered unfortunate, too, 
that the risks attending an attempt to escape through the parts of 
the republic occupied or blockaded by us should have driven him 
towards Guatemala ; where — even if he should fail to find in the 
State of Oajaca a refuge and a centre of action, as well as induce- 
ments to engage in, mischievous, or at least troublesome, machina- 
tions — he may be beset by the temptation to foster the wild project 
"which has been started in that quarter, of making common cause 
with this republic. 

For some days past the intelligence from Queretaro has been 
more and more encouraging, by every fresh arrival. No doubt 
exists now as to an early meeting of Congress, * * * * 



* 



Letters are pouring in upon the deputies at Queretaro, urging 
them to make peace without loss of time; the writers being gener- 
ally men who have hitherto been among the most vehement in 
denouncing every, idea of the sort. This change is owing chiefly, 
almost entirely, to the downfall of Santa Anna; though it has" not 
by any means extended to all those whose opposition to peace 
arose from the belief that it would serve to fix that man in power, 
and to subject the country hopelessly to his sway. 

The expedient has been resorted to of inviting the governors of 
the States to Queretaro to confer with the government; and many 
of them have agreed to meet there- They will be presented with 
statements of the contingents in men and money which are indis- 
pensable to the prosecution of the war; and it is expected that this 
argument will prove quite efficacious in making proselytes to t^e 
cause of peace. 

Putting out of view the merely personal factions, and confinino- 
ourselves to what may be considered as nationaTparties, but two of 
these now exist w T ith reference to the question of peace or war. 
Both are, in truth, disposed to peace, and the disposition is equally 
sincere and earnest in each. Nevertheless, the struggle is to be 
between these two parties, and it will be as vigorous as if one of 
them were actuated by the most intense and reckless animosity 
against us; whilst, in reality, it will be influenced solely by the 
desire to become incorporated with us; and if this be impracticable, 
to compel us at least to give them aid and support in maintaining 



[52] 



208 



a decent order of things, by means of a government founded on 
republican principles. As was remarked' to me to-day by one of 
our officers, in conversation on this subject, the position in which 
our country finds itself at this juncture is a phenomenon altogether 
unexampled in the history of the world: a nation, to whose princi- 
ples and habits and institutions the spirit of conquest is altogether 
foreign, actually has thrust upon her, by its own inhabitants, the 
acquisition of a country rich beyond calculation in numberless 
sources of commercial prosperity, and abounding in everything that 
can make a country desirable. 

Of these two parties the one has for its nucleus the best men of 
the moderado party; the other the best of the puros, or uncompro- 
mising republicans. The former, as is natural to their characters, 
are governed by their desire to put an end to the war. They see 
and feel that peace is the urgent want of their country; and they 
are anxious for it, on the best terms on which it can be obtained. 
The others, although no less strongly impressed with the evils of 
war, and no less anxious for peace, do not allow this desire to 
make them lose sight of other evils of a greater magnitude and 
more enduring character — the evils of misgovernment. They be- 
lieve that the war may be made instrumental in averting these; 
and, to attain this end, they are willing that the war shall last as 
long as may be necessary for the purpose. They are determined 
that, so far as depends upon them, it shall not cease until it shall 
be attended with the effect of bringing about a connexion of some 
£ort or other between the two countries, the more intimate the 
better; something of the kind they are inflexibly bent upon; 
something which shall suffice to secure among them the pre- 
dominance of those political principles to which our country is 
indebted for the happiness which reigns there. "They talk," said 
one of these men to me, (a member of the present congress,) <,: of 
nationality. They say, that the first duty of the citizen is, and our 
first object at the present crisis should be, to preserve our nation- 
ality. But what is nationality worth — what is anything worth — 
except so far as it goes to secure social advantages? This is my 
touchstone for all political questions, and I recognize no other. 
Social advantages are the object, and nothing else is of any value, 
except as a means for securing this object. We have none in this 
country, and the only way in which we can acquire any is, by po- 
litical institutions similar to jours. This is the reason why I 
ha-ve, all my life, to the very great neglect of the profession on 
which I depei.ded for the maintenance of my family, been engaged 
in efforts to defend and foster the germs of liberty and State 
rights which we have among us. I have struggled for them, solely 
because they are means for the attainment of that in which the 
happii.ess of man consists. Nationality has been to us barren of 
all good; fruitful in nothing but anarchy, misrule, oppression, and 
corruption. Therefore its preservation is not an object with me, 
and I wish to see it merged in yours." He then entered into an 
explanation of the designs of those whose cure for all these evils 
consists in the introduction of monarchy; commented upon the 



_ 



209 [ 52 ] 

natural bias of the moderados — even those who heretofore have 
evinced an attachment to republicanism — to fall into the schemes 
of the monarchists; and concluded by saying, that, for himself, he 
would u never acknowledge any sovereign but God." He spoke of a 
plan which had existed for several years, of separating the northern 
States and seeking a connexion with us. u But the time for this 
has gone by; it is no longer practicable; and the work must now, 
commence at the centre." 

The organ of this party (of course poor in pecuniary resources) 
is the "Razon," a paper recently established, and edited with great 
ability. Its tone is very high and philosophic — altogether unsuited 
to this latitude, except among the very few; although it may, and 
doubtless will to a great extent, answer the purpose as a means of 
communication and concert between the men of this school. The 
influence which they can exercise is not by any means to be esti- 
mated by their numbers, for they know how to avail themselves of 
the spirit of mere faction ; and opposition being their constant 
mood, they always constitute a nucleus round which the weaker 
factions naturally conglomerate, when bent upon breaking down 
the one which happeis to be strongest, or defeating any measure 
upon which it may be intent. At the present juncture, for instance, 
when the presidency ad interim is known to every one to be with 
Almonte an object of purely selfish ambition, a very warm court- 
ship is going on between him and the puros, and he may possibly 
receive their support ; not that they and he have a single principle 
or a single aspiration in common, but because they may find it to 
their account to use him for the occasion to defeat the party in 
favor of immediate peace. 

If the belief in the feasibility of their design could be propaga- 
ted, the annexationists would, I am perfectly convinced, become in 
a very short 1 time the predominant party. The best part of the 
population-would rapidly fall into their ranks, and they would very 
soon carry everything before them. It can scarcely be conceiva- 
ble by one who does not actually know the truth of the matter, (as 
the opportunities which I happen to enjoy enable me to do,) how 
rapidly the wish that we may retain the country is extending 
itself. 

I experienced not a little surprise upon first becoming aware, as 
I did at Puebla, of the influence produced by this view of the sub- 
ject up^on the lower clergy ; the lazy, ignorant, and stupid monks, 
whose views do not extend beyond the round of purely animal en- 
joyments, of which their lives are made up, and who have in their 
characters no element whatever for an esprit du corps, save the com- 
mon love of, and greed after, money and property, mixed up with 
an idol worship fanaticism, (for, with them religion is sheer idola- 
try and burning of candles,) no less gross and base than their glut- 
tony and lasciviousness. But my surprise has been far greater at 
learning that the same consideration has produced an equally deci- 
sive effect upon that portion of the bddy who, although they have 
but little purity to boast of, are nevertheless elevated f?r above the 
14 



[ 52 ] 210 

common herd in the sentiments and principles by which they are 
actuated. It shows how strongly impressed their minds must be 
with the danger of the downfall of the church itself, through the 
confiscation of the property on which its influence (such as it ex- 
ists here especially) so materially depends. 

* * . * * * The case is different, however, 

with the class who constitute what is called " good society." Even 
if their feelings of aversion for our race were not sufficient (and 
they are superabundantly so) to produce this effect, prudence alone 
would dictate that they should, under existing circumstances, avoid 
all contact with us. This they do, and it is only from having been 
favored by accident with channels of communication not suspected 
by themselves, that I am enabled really to know anything of what 
is passing in their hearts, and to speak with certainty and positive- 
ness on the subject. I use this tone not hastily or inconsiderately, 
but in the perfect assurance that it is fully justified by the charac- 
ter of my sources of information. So far as regards them, the re- 
lations which they bear to the classes referred to, and the opportu- 
nities which those relations afford, are with me a matter of positive 
knowledge ; and I feel perfectly certain of the absence of all mo- 
tive and all wish to convey to me any impressions but those strictly 
accordant with the truthof the matter. 

This applies to all that I have said, or may hereafter say, (unless 
I expressly give to it the character of mere rumor, or of inference 
from newspapers and ordinary sources of information,) in regard to 
the views and dispositions of the upper classes, whether clergy or 
laity. In regard to movements and designs on" the political stage, 
my means of knowledge are equally good. With respect to the 
peace party particularly, I learn from day to day everything that 
the prime movers in it at Queretaro and elsewhere consider worth 
communicating to those who are cooperating with them from this 
point ; persons between whom, besides the bond of union consist- 
ing of identity of views with respect to the peace question, there 
exists the closest personal friendship and intimacy. Indeed, I am 
on this footing with the prime movers at this place of two distinct 
branches of this party, who, although their efforts tend to the same 
result as perfectly as if they were one in body and soul, have but 
little communication with each other, and no personal affection or 

intimacy ; rather the reverse. 

# '# # # # * # * 

Information derived from a source entitled to great reliance (not 
connected with any of the foreign missions or consulates) leads me 
to believe, very confidently, that the alaim produced among the re- 
publicans by the return of Paredes is, for the present at least, en- 
tirely unfounded, so far as regards the supposed connexion of that 
event with the introduction of monarchy, in the person of the Due 
de Montpensier. Various fables, which I was at first disposed to 
attach some credit to, have been current here on this subject ; and 
among them one representing that a paper was in circulation for 
signature by the land proprietors, in order to fulfil the condition 
(3,000 signers from that class) upon which, in conjunction with the 



211 [ 52 ] 

requirement that peace should first be made, French intervention 
has been promised to establish monarchy. This, whatever may be 
the origin of the story, and whether such a paper has been in cir- 
culation or not, (I am strongly disposed to consider as impostors 
the persons who have pretended to some of our officers that it has 
been presented to them,) is at bottom a sheer invention. No such 
promise has been made. On the contrary, although, probably 
enough, Paredes was flattered and courted by the "citizen king," 
his project received no countenance from either the French or the 
English government ; both refused to have anything to do with it. 
Although one of the honestest and bravest men they have ever had, 
he is a fool and a drunkard — certainly not the sort of person who 
would be selected by the European courts to carry on an intrigue 
of this kind, or to play any part whatever in such a game, unless 
it were that of a marplot, set to work on a false plan, in order that 
his absurdities might draw off attention from the real intrigue. It 
has occurred to me that this might possibly be the case in the pre- 
sent instance, although the supposition is certainly a far-fetched 



one. 

# 



The anxiety for such a thing is, in many minds, intense and all- 
engrossing; for it is looked upon as the only possible way of sal- 
vation for the country; the only possible means by which the dire 
necessity can be averted for its abandonment by all who h,ave the 
ability to get away, let the sacrifice be ever so great. 

" Surely it cannot be a matter of indifference to a nation so ele- 
vated in the scale of civilization as yours is, that this country 
should be totally destroyed, and that it should become an utter de- 
solation, as the preparation for your coming here. That it is to 
become a part of the United States, and this at no remote period, 
is certain. Why not at once, to-day, instead often or twenty years 
hence'? You are here already; why not stay? You have certainly 
done mischief, and placed the country in a far worse condition than 
she was before: why not do good, and let this worse condition 
prove but a step to her regeneration, and to the peace and quiet 
which it depends entirely upon yourselves, at once to give her?" 

I have been careful not to encourage it; but, on the contrary, to 
caution the parties against committing themselves, inasmuch as it 
is altogether uncertain which of the two proposed lines of policy — 
a continued occupation, or the taking up of a boundary — will be the 
choice of our country. With respect to the former, I become more 
and more fully satisfied every day that a force of from 25 to 30,000 
men would be i ally sufficient; and that the expense could, without 
difficulty, be met by the revenue produced from the ordinary 
sources. Apart from the very great difficulties and embarrassments 
among ourselves which the policy of continued occupation would 
necessarily give rise to, one serious evil, which could not fail to at- 
tend it here, has strongly impressed itself upon my mind: I mean 
the inoculation of pur race with the virus of Spanish corruption in 
office. I have already seen, among those of us who are here — al- 



[52] 



212 



though they know themselves to be here but for a day, and that the 
scrutinizing eye of our country is still upon them — proofs of a want 
of principle, far more than sufficient to show that apt scholars 
would not be wanting for the school of official morals to which I 
have referred. 

Among the minor incidents of this most wonderful drama is a 
plan to avail themselves of our presence in this capital, in order 
to give to the federal district a government founded on republican 
principles, in place of the old Spanish municipal institutions, under 
which it has to this day continued to groan. 

I will close with a few words on the subject of Santa Anna. 
Conversation with his familiars, since our entrance into the city, 
has only served to add to the strength of a conviction previously 
entertained, and that did not at all require corroboration; which is, 
that if Santa Anna had been, at the recent juncture, the man he 
once was, we should before this have had a treaty negotiated, and 
he would now be firmly fixed in power. But, at the very crisis of 
his destiny, his heart failed him; and although, to the last moment, 
urged up to it by some in whom he had great confidence, he could 
hot bring himself to take the plunge into his Rubicon. The design 
which he had for some time meditated, and had brought himself to 
believe that he had resolved to carry out, found him, when the hour 
arrived, irresolute and vascillating; and, instead of taking the ques- 
tion of peace entirely into his own hands, he allowed himself to be 
carried along, by the flood of circumstances, into staking all upon 
a battle which every one felt sure that he would lose. His firmness 
was, to be sure, put to a most severe test: for threatening commu- 
nications, official and private, were pouring in upon him from all 
quarters, from the State governments and from individuals. Those, 
however, who best know him, and who were around him during 
the crisis, believe that he would have stood firm against all this, 
but for the influence exercised over him, to the amazement of all, 
by one man — General Tornel, a person universally contemned, and 
most justly so. , 

I am, sir, very respectfully, your obedient servant, 

N. P. TRtST. 
Hon. James Buchanan, 

Secretary of State. 



[No. 19. J Head-quarters of the U. S. Army, 

Mexico^ October 31, 1847. 

Sir: I transmit herewith a copy of a note addressed by me, under 
date of the 20th instant, to the Minister of Relations, enclosing my 
reply, under date the 7th September, to the last communication of 
the Mexican commissioners. A copy of this reply accompanied my 
No. 16; but, having made some verbal alterations in it previously 
to transmitting it to the minister, I now send a copy containing 
those alterations, together with a note which I have been led to 
add to it in consequence of certain admissions contained in a recent 



213 [ 52 ] 

pamphlet from the pen of Sefior Otero, a member of the present 
Congress, and one of the most able public men of the country. 
This pamphlet first appeared in the Spanish, and subsequently in 
English. Upon its first appearance I commenced making transla- 
tions of certain passages, in the design of sending them to you; but 
I desisted upon seeing the English version announced. This ver- 
sion, although tolerably well done, proved on examination to be 
inaccurate in the more important passages: and I then engaged in 
(the task of correcting them in one of the printed copies, before 
transmitting it- The "American Star" having commenced its pub- 
lication in its columns, .and the probability being that the train for 
Vera Cruz which is to leave in the morning, and by which this is 
to go, would not set out until day after to-morrow, I have lent the 
corrected copy to the publisher of the " Star," in order that he may 
print from it, and with a view to sending you a fair printed copy, 
free from the manuscript alterations, which would render its perusal 
troublesome. The lateness of the hour (I have been so closely en- 
gaged all day as not to have recollected it in time) does not permit 
me now to recover it; and I send, together with a copy of the 
Spanish original, one of the defective version, which will suffice 
for a cursory perusal. Comments upon it will be found in the Nos. 

of the u Razonador" sent by this conveyance. 

* # # # *"# # * 

My separation from my family has already extended to double 
the time that was anticipated when I so precipitately left home, 
and I have the strongest desire to return. Under the circumstances 
and prospects of the moment, it is my duty to remain; but it will 
very soon be determined whether we are to make a treaty with 
•the present administration; and it will be made very promptly, if 
made at all. Should the question be referred to that which is to 
come in under the election now taking place, (as I fear that it will 
be, though with some hopes of a contrary result,) I cannot possi- 
bly continue hanging on here for an indefinite period. The new 
Congress (the elections for which thus far are very encouraging) 
is to meet in January; the road will soon be safe, and the season is 
very propitious for my successor to come, should it be deemed ad- 
visable to keep any one here. I trust, therefore, to receive, so 
soon as a reply to this request can be sent, permission to withdraw 
at once, should the state of affairs at the time it reaches me be such 
as to afford no prospect of the subject being acted upon until the 
new' administration comes in. I have never evinced any disregard 
of the public interests, and this may be safely left to my discre- 
tion. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 

P. S. — Your despatches sent through the War Depart:;. ent by Col. 
Wilson, (who died at Vera Cruz,) being those of t:.e 13th (a du- 



[52] 



214 



plicate) and 19th of July, came to hand to-day, sent by Colonel 
Childs from Jalapa. 



Tacubaya, September 7, 1847. 

The undersigned, commissioner of the United States of America, 
has the honor to acknowledge the receipt of the note under date of 
yesterday, from their excellencies the commissioners on the part 
of Mexico, accompanying the counter projet which they had been 
instructed to present. 

The authority with which he is clothed being limited, so far as 
regards the boundary to be established between the two republics, 
to the conclusion of a treaty upon the basis of the ultimatum pre- 
sented by him on the 2d instant, the undersigned finds himself, as 
was stated by him at their conference on yesterday, under the pain- 
ful necessity of recognising the absolute irreconcileableness which 
exists between the views of the two governments in this regard, 
and of considering these final instructions to their excellencies as 
putting an end to the negotiation which hehashad the honor to con- 
duct with them, and which has left on his mind a deep and lasting 
impression of the sincerity with which his earnest wish was recip- 
rocated, that the restoration of peace might be the result. 

Debarred as he is from discussing with them the question of 
boundary beyond the point now reached, he must limit himself to 
some remarks in reply to the observations to which his attention is 
invited, and which he is requested to consider fully, before coming 
to a definitive determination with respect to their propositions. 

Acknowledging their title to his utmost attention, not only on 
account of the gravity of the subject, but also because of the can- 
dor and frankness displayed throughout their intercourse on the 
part of those by whom these observations are submitted, the under- 
signed, after considering them in the same spirit, finds himself 
compelled to say that, plausible as they may at a first glance seem, 
they indicate to his mind an altogether erroneous view of the posi- 
tions in which the two countries stand towards each other, and of 
the general question now pending between them. 

It is perfectly true, as stated by their excellencies, that " the 
war now existing commenced with reference to the territory of the 
State of Texas;" and it is likewise true, that the title by which 
this territory is claimed by the United States (or, to speak more 
properly, now constitutes an integral portion of the United States) 
consists in " the act of Texas," (concurrently with that of the 
American Congress,) " whereby she became incorporated into the 
Union" as one of its sovereign members. But this is very far from 
warranting the conclusion which appears to their excellencies to flow 
from it; and on which are rested the reasonableness and justice of 
the propositions which they have been instructed to make on the 
part of the Mexican government. 

This conclusion is, that Mexico, by consenting, as she now of- 
fers to do, upon being properly indemnified, to acede to the claim 



215 [52] 

of the United States to Texas, removes the cause of the war; and 
that, consequently, all title whereby it may be further prosecuted 
being now wanting, it should at once cease. Pursuing the same 
line of reasoning, it is further urged, with reference to the remain- 
der of the territory comprehended within the boundary described in 
the projet presented by the undersigned, that no right thereto hav- 
ing heretofore been alleged by the United States, consequently the 
only title by which it could be acquired must rest either upon con- 
quest or upon purchase; with respect to the former of which titles, 
the confidence is expressed that it would be regarded with repro- 
bation by the United States; whilst, in regard to the latter, it is 
remarked, that it would be repugnant to every idea of justice to 
wage war against a nation for no other reason than her refusal to 
Sell territory which a neighbor desired to purchase. 

To perceive clearly the utter fallacy of this whole view of the 
subject, it is necessary only to advert to a few leading facts belong- 
ing to the series of events out of which has grown the state of 
things now existing between the two countries. 

Composed chiefly of emigrants from the United States, who had 
been invited thither by Mexico, under the guarantees for the secu- 
rity of life, liberty, and property, afforded by the constitution of 1824 
— a constitution modelled upon that of their native land— the peo- 
ple of Texas, after the lapse of a few years, found themselves pre- 
sented with the alternative of taking up arms in defence of their 
dearest rights, or submitting to the military usurpation and despot- 
ism by which the organic law of their adopted country had been 
subverted and replaced. As could not but be foreseen by all per- 
sons not entirely unacquainted with the national character formed 
under the influences of English principles of government, and of 
the developments which these have received on our side of the 
Atlantic; the former of these alternatives was the choice of the 
Texans. They resisted it, and their resistance proved successful. 
Thus arose the republic of Texas. 

After establishing a government, the security afforded by which 
to all that civilized man holds dear, presented the most striking 
contrast to the consequences of the subversion of the Mexican con- 
stitution, as exhibited throughout the rest of the country for whose 
happiness it had been established; after obtaining from the princi- 
pal powers of the earth a recognition as one of the great family of 
nations; and after maintaining this position through a period, and 
under circumstances, rendering manifest to the world that it was 
not to be shaken by Mexico, the new republic sought and obtained 
admission among the United States of A*merica as a member of their 
Union. 

By this event she became entitled to be protected by the United 
States from invasion; their appropriate organ for the discharge of 
this obligation being the Executive of the general government, as 
the functionary charged with the control and direction of their de- 
fensive force. But, of what consisted the territory of this new 
member of the Union, which s from the moment of her admission as 
such, it had thus become the duty of the President of the United 



[52] 



216 



States to employ the forces placed by the constitution under his 
direction in protecting from invasion? In other words, where were 
her boundaries? To protect a State from invasion, means to pre- 
vent the occupation of any portion of her territory by the armed 
force of any other State or nation. This obligation, therefore, 
manifestly implies the existence of limits to her territory; limits, 
the crossing of which by a foreign force constitutes an invasion. 
It necessarily results, from the very nature of things, that this duty 
of protection can Have no existence, except concurrently with the 
existence of such limits. When considered with reference to this 
obligation, a territory without determinate limits is a contradiction 
in terms; it is of the very essence of the obligation that the portion 
of the earth's surface to which it attaches shall be definitive and 
determinate; it being otherwise impossible to say when it is in- 
vaded, and when it is not invaded. 

Where, then, were the limits of this new member of the Union? 
As defined and asserted by herself, the territory of Texas extended 
to the Rio Bravo. Her right to insist upon this boundary was 
equally good, and identically the same, in all respects, as the right 
of Mexico to insist upon any other line of separation; and this 
right, agreeably to a principle of international law, too well estab- 
lished to admit of dispute or doubt, existed independently of the 
question as to what might or might not have been the true limits of 
Texas whilst constituting a fart of the Mexican republic. With 
reference to that period, their excellencies the commissioners as- 
sert, as u a matter of absolute certainty, that the country compre- 
hended between the Nueces and the Bravo had never formed part 
of the State of Texas." But, supposing this to be true, it would 
not in any way affect the right of the Texan people, at the close of 
the war into which they had been forced, as above stated, to insist 
upon such boundary as they might deem essential to their future 
security against tfie spirit manifested towards them by the govern- 
ment whose usurped power they had so successfully defended them- 
selves against; whilst, not content with subverting the authority 
of the constitution, it had sought to stifle and to extinguish for- 
ever, within the bounds of Texas especially, not only every spark 
of liberty, but every one of those great elements of civilization 
which that constitution was designed to foster and to develope. In 
a word, the republic of Texas and the republic of Mexico had been 
for many years at war; and, as the condition to the cessation of this 
war, either party had the same right, identically, to demand and 
insist upon the establishment of such boundary as in her judgment 
was the just and proper one. If Mexico, on her part, could assert 
as a fundamental axiom the one now put forward by her commis- 
sioners, that u no nation can rightfully be required, nor should any 
nation ever consent, to relinquish her natural frontier," and from 
this axiom deduce her right to insist upon possessing the territory 
between the Nueces and the Bravo, on the ground of the insuffi- 
ciency of the latter river alone for her security, either in a military 
or in a commercial point of view, and that the river and the terri- 
tory together were indispensable to her for this purpose — if this 



217 [ 52 ] 

right appertained to Mexico, Texas, on the other hand, had an 
equal right to appeal to the same principle, and to point to the 
manifest self-contradiction involved in the deduction drawn from 
it; which, on the ground that the whole of a broad and angry tor- 
rent was insufficient for her security, gave to Mexico a wide extent 
of territory as an additional bulwark, whilst it required that Texas 
should content herself with half the width of a comparatively nar- 
row and sluggish stream. 

Such, then, was the position of Texas with regard to her boun- 
dary towards Mexico, at the time when she became admitted into 
the Union. According to the well settled doctrine of international 
law upon this subject, the line of demarcation between the two re- 
publics had become obliterated by the war; and the consent of both 
had become necessary to the re-establishment of that line, or 
the establishment of any other, as their common boundary. This 
being the state of things, Texas, asserting her right and her deter- 
mination to insist upon the lower part of the Rio Bravo as a part 
of that boundary, obtained admission into the North American sis- 
terhood. With respect to this point, however, the American Con- 
gress, through a scrupulous regard for any right which Mexico 
might have, or might suppose herself to have, to any portion of the 
territory embraced within the asserted limits of Texas, reserved to 
the United States the right to determine those limits by means of 
friendly negotiation with Mexico; this being, as has already been 
observed, the only way in which an international boundary, in the 
proper sense of the term, can be ascertained. For, although one 
of two conterminous nations may select for itself, and may main- 
tain by force, the line which is to separate her territory from that 
of the other, yet a boundary between them can never be said to 
exist except in virtue of the consent and recognition of both. With- 
out such agreement between them, neither of two nations whose 
territories touch each other can be said to have a boundary. 

Such was the state of the case between Texas and Mexico at the 
time of the admission of the former into the American Union; and 
such it necessarily continued to be after that event; with this single 
difference, that the question between Mexico and Texas had now 
become one between Mexico and the United States. No agreement 
or understanding had yet taken place between them. The Mexican 
government, on the contrary, still claiming to consider Texas as a 
rebellious province, over which it intended to re-establish its 
authority, it was in the nature of things impossible that the boun- 
daries of this new member of the American £nion should have be- 
come determined. 

From this state of things resulted the obligation, equally impera- 
tive upon the United States and upon Mexico, to effect as speedily 
as possible that settlement of boundary which, by events now past 
recall, and manifestly to the wkole world constituting a " fact ful- 
filled," had become a matter of absolute necessity between these 
two parties, as that by virtue of which alone either of the two 
could exercise authority over any portion of the country lying be- 
tween the Rio Bravo and the Sabine, without the certainty of col- 



[52] 



218 



lision between the equal right and the equal obligation of each to 
defend its territory from invasion; for, as has already been stated, 
whilst Texas on the one hand asserted that these two rivers con- 
stituted her boundaries, the Mexican government, on the other hand, 
persisted in denying the separate existence of Texas as an inde- 
pendent State, and claimed the whole country embraced between 
those streams as still constituting a part of Mexico. Moreover, 
even on the supposition that the pretensions of the latter had been 
less irreconcilable with the fixed facts of the independence of 
Texas and her incorporation into the Union, and if these fixed 
facts had received from Mexico the acknowledgment to which they 
were entitled from human reason, still, even on this supposition, 
the necessity for a settlement of the boundary would have been no 
less absolute than it has been shown that it was: for, until ascer- 
tained by a compact or agreement, definitive or provisional, be- 
tween the United States and Mexico, the boundary between the 
two republics, when considered by the United States with refer- 
ence to the national obligation to protect their territory from in- 
vasion, could be none other than that very boundary which had been 
asserted by Texas herself. From the very mature of things it could 
not be otherwise; because, independently of the truth that a boun- 
dary between two conterminous nations cannot exist except in 
virtue of their mutual consent, and that consequently it was im- 
possible that this boundary should be determined by the United 
States alone — independently of this truth, the necessity here refer- 
red to resulted from the care taken by the United States, whilst in 
the very act of admitting Texas, to respect the territorial rights of 
Mexico; not, indeed, by denying, as her government persisted in 
doing, the existence of Texas as a sovereign and independent re- 
public, but by recognizing the impossibility that, by the mere act 
of Texas alone, the line of demarcation between herself and 
Mexico should be determined. From this manifestation of regard 
for the rights of Mexico, it resulted that the executive of the 
United States, their constitutional organ for fulfilling the obliga- 
tion of protecting the country from invasion, was placed under the 
necessity either to disregard that obligation entirely with respect 
to Texas, or to consider it as co-extensive with the limits which 
she had herself asserted. Between these alternatives no medium 
presented itself, except that the executive should assume to decide 
•what the proper limits of Texas were: a thing impossible on its 
part, without an usurpation of power no less futile than flagrant. 
For, whilst on the one hand it could not but leave the question of 
boundary precisely where it stood before, it would have involved 
at once a violation of the rights of Texas, a violation of the rights 
of Mexico, and a defiance of the authority of the legislative power 
of the Union; the determination of these limits having by that au- 
thority been referred to the concurrent action of the treaty making 
power of the United States and of Mexico. This flagrant and 
threefold usurpation on the part of one branch of the government 
of the United States, constituted the only possible middle course 



219 [ 52 ] 

between the alternatives above stated. And this state of things 
must continue so long as the boundary of the newly admitted mem- 
ber of the Union should not be ascertained, either definitively or 
provisionally, by a treaty or convention between the American 
and the Mexican governments. 

Thus stood the case between the two republics. Here was a 
juncture in human affairs, presenting as a fixed fact — a fact which 
had passed beyond human control, and which it was just as impos- 
sible to do away with as it is for man to change the figure of the 
globe which he inhabits — the absolute necessity of an immediate 
understanding and agreement between the two governments ; 
whereby, if not definitively, at least provisionally, that boundary 
should be ascertained by means of which alone their respective 
fields of duty could be distinguished; by means of which alone a 
collision in the discharge of those duties could be avoided. And 
how was this necessity met by Mexico? By a refusal to acknow- 
ledge it. To endeavors the most earnest, the most respectful, the 
most conciliatory, the most patient and persevering, to induce her 
to listen, she responded by a refusal to hear. The admission of 
Texas into the Union was denounced by the Mexican government, 
in terms that the undersigned will not recall, as an act of war; 
and its unalterable determination proclaimed to wrest Texas, the 
whole of Texas, from the United States, by force of arms. Ar- 
mies were embodied, and the resources of the country exhausted, 
in preparations to carry this threat into execution; and finally the 
troops of the United States were attacked, and American blood 
was shed within that territory which, as has been demonstrated, 
nothing but the amicable understanding which it had so earnestly, 
but so vainly sought, could have absolved the government of the 
United States from the necessity of considering as a part of the 
country which it is under the most imperious and the most solemn 
of obligations to protect from invasion. 

Thus did this war begin. It was commenced, not by the United 
States to acquire Texas, but by Mexico to subjugate Texas, after 
her national existence had become irrevocably blended and identi- 
fied with that of the United States. This was the avowed purpose 
for which Mexico's "Army of the North" was embodied and 
marched, and for which "the campaign of Texas" was opened. 
The ulterior destination of that army, as proclaimed by the press 
of the Mexican capital, echoing and re-echoing the manifestoes 
and the orders poured forth by the government, was not the south- 
ern shore of the Rio Bravo, but the western shore of the Sabine. 
There was no mention then of the distinction between the territory 
proper to the State of Texas, and the territory proper to the State 
of Tamaulipas; nor of "the zone between the left bank of the 
Bravo and the right bank of the Nueces;" nor of the latter river 
as constituting a boundary of any sort, or for any purpose. The 
only limit to Mexican territory, recognized in the manifestoes re- 
ferred to, was the Sabine; and upon the bank of that river was the 
army of Mexico to plant her flag. 



[52] 



220 



Thus did the war begin. Had no such purpose as the subjuga- 
tion of Texas been then avowed or been then entertained by the 
Mexican government; had her "Army of the North" been formed 
solely for defensive purposes; even then, on this supposition, so 
highly favorable to Mexico, the cause of the war could be found in 
but one thing: the pertinacious refusal of her government to re- 
cognize the necessity which had arisen for that concurrent action 
of the two governments by which alone either nation could be 
enabled to distinguish the territory which it was under the obliga- 
tion to defend as its own, from that which it was bound to respect 
as its neighbor's. 

When considered in connexion with the course pursued by the 
Mexican government in refusing to recognise this necessity, the 
mere presence of its forces upon the left bank of the Bravo, or 
anywhere within the asserted limits of Texas, constituted an inva- 
sion. Independently of any attack by those forces upon the troops 
of the United States, their crossing the Bravo amounted of itself 
to overt war. Under the circumstances which attended it, this act 
could be construed into nothing else than the first step in carrying 
out the avowed determination to subjugate Texas; to overrun and 
occupy the entire State, up to the very bank of the Sabine. But, 
independently of all those circumstances, and if no such purpose 
had been avowed or been indicated in any way; still, the mere act 
of crossing the Bravo, connected with the refusal above stated, 
constituted a hostile invasion. It is impossible that any act be- 
tween nation and nation should be more strongly or more clearly 
stamped with the character of war — of deliberate and premeditated 
war. This invasion was repelled; and the war thus commenced by 
Mexico became soon a war of invasion on the part of the United 
States: a war of invasion, but not of aggression; for they had re- 
mained passive until actually struck, and until it had thus become 
manifest that no good consequences could result from further for- 
bearance, and that the only hope of peace between the two coun- 
tries rested upon a vigorous prosecution of the war by the party 
assailed. 

The results by which it has thus far been attended, it were need- 
less here to dwell upon. It suffices to say, that the seaports of 
Mexico, together with the chief cities and strong places of a very 
considerable portion of her territory, are now in the possession of 
the forces of the United States; and this under circumstances af- 
fording no prospect whatever that their hold upon them can be 
made to loosen. These are the circumstances under which the de- 
sire for peace, so steadfastly cherished and so constantly mani- 
fested by the United States, is now again repeated. In making 
this offer upon the conditions set forth in the projet submitted by 
the undersigned, the United States occupy a position very different 
from that supposed in the observations which have elicited these 
remarks. In proposing to Mexico to agree to the establishment of 
the boundary defined in that projet, they do not present themselves 
as purchasers, attempting to coerce a neighbor to the sale of her 



221 [ 52 ] 

territory. They do, it is true, rely on the title by conquest, but 
not in the sense wherein alone this title has any odium attached to 
it, even according to the highest known standard of international 
morality. The title by conquest — understanding by conquest, the 
forcible wresting of a country from its rightful owner without just 
and sufficient cause, and through the mere desire to possess it — this 
title by conquest is one which the Mexican government does noth- 
ing more than justice to the United States in supposing that it finds 
no favor in* their eyes. But, if by conquest be meant the retention 
of territory which a neighbor, by forcing you into a war, has com- 
pelled you to occupy after every possible means has been exhausted 
by you to preserve peace and to avoid that necessity — if this be the 
sense attached to the words, then the title by conquest is one which 
any member of the great family of nations may appeal to, in the 
certainty that it will be pronounced good by the tribunal to which 
they are all alike amenable. From the judgment of that tribunal 
upon the terms now offered to Mexico, the United States have noth- 
ing to apprehend. In the eyes of a candid world, when the ex- 
citement and the misconceptions of the hour shall have passed 
away, their conduct will appear in its true light, and the errone- 
ousness of the view now taken by Mexico of the position which 
they occupy towards her will be manifest. Instead of the covet- 
ous neighbor, seeking to extort from the weakness of another the 
sale of territory which she is averse to part with, they will be seen 
to have realized the character of a generous conqueror, freely prof- 
fering to restore possessions of inestimable value, acquired at a 
vast expenditure of blood and of treasure, in the prosecution of a 
war into which he had been most reluctantly compelled; and who, 
whilst insisting, with respect to a portion of his conquests, upon 
his right to retain them, sought at once to reconcile the exercise of 
this right with the interests of the other party, and to render it as 
little grating as possible to his feelings, by connecting with it an 
offer of -that pecuniary relief which his exhausted condition so 
loudly callsd for, and which everything conspired to' render vastly 
more important to his welfare than the recovery of remote and un- 
inhabited districts, the loss of which would be as little felt as had 
been the merely nominal and purely sterile authority previously 
exercised over them. 

In closing this correspondence, the undersigned, whilst most 
painfully alive to the consequences which t cannot but attend the 
failure of the purpose for which they were placed in communica- 
tion, experiences unfeigned satisfaction in giving utterance to the 
sentiments of personal esteem and confidence with which he has 
been inspired by the eminent citizens of Mexico who have acted as 
her organs in the negotiation. Barren as unhappily it has proved 
in regard to the great object which has occupied them, it has at 
least served to impress deeply on his mind the conviction, that, had 
the course of the Mexican government upon the Texan question 
been directed ,by the enlightened patriotism which this republic 
possesses among her sons, reason and candor and good feeling 



[52] 



222 



would have asserted their rightful predominance over the elements 
to whose baleful sway the calamities of this war are due. 

N. P. TRIST. 
To their Excellencies Don Jose J. Herrera, 

Don Bernardo Couto, Don Ignacio De Mora 

y Villamil, and Don Miguel Atristain, Com- 
missioners Plenipotentiary of the Mexican republic. 

Note. — Mexico, October 28, 1847. — During the present month a 
pamphlet has issued from the press of this capital, under the title, 
u Ji communication upon the diplomatic conferences conducted in 
the house of Alfaro, between the plenipotentiary of the United 
States and those of Mexico, addressed to his excellency the gov- 
ernor of Jalisco: by Don Mariano Otero, LL. D., deputy from that 
State" 

Senor Otero has an established reputation as one of the ablest 
and best informed statesmen of his country; and admissions pro- 
ceeding from him in favor of the United States, require no corrob- 
oration to entitle them to be received as perfectly accurate. The 
following passage of his pamphlet contains admissions of this na- 
ture, constituting a striking confirmation of the correctness of the 
view above taken as to the true cause of the war; and it bears 
ample testimony, however unintentionally, to the extreme forbear- 
ance displayed by the United states. It is conclusive upon this 
point; and also as to the fact that the war was begun by Mexico — 
begun by her supreme government, designedly and premeditatedly . 
As to whether the annexation of Texas afforded, or did not afford, 
a just cause of war, this is a totally distinct question from the 
other. Justly or unjustly, the war was begun by the Mexican gov- 
ernment. This is a matter of fact, about which there can be no 
dispute, except on the part of such as are totally misinformed on 
the subject, or of such as have no regard for truth. The object of 
the author, at the outset, is to show that, previously to the war, no 
claim had ever been set up by the United States to any portion of 
the territory of Mexico, save Texasi While intent upon impress- 
ing the reader with this fact, (and a most unquestionable one it is,) 
he says: 

" In fact, the United States have never set tap a claim to any 
other part of our territory, and they have admitted this by more 
than one act. Even after the independence and annexation of 
Texas, the Mexican authorities existed and were recognized in the 
border States of Coahuila, Taraaulipas, Chihua.hua, and New Mex- 
ico. When the American government offered, in 1845, to adjust 
the present question in an amicable manner, they drew off their 
forces to Corpus Christi, in order not to demand anything beyond 
the territory in dispute. Shortly before, they had returned to the 
port of Monterey, in Upper California, and given satisfaction to the 
Mexican government for its occupation, by Captain Jones: they 
never disturbed New Mexico previously to the breaking out of hos- 
tilities — not even that part of it on the left bank of the river Bravo; 
and in spite of the pretensions of the first Texan Congress to the 



223 [ 52 ] 

northern bank of this river near its mouth, the American forces did 
not advance to it until the war became inevitable, and then only as 
an army of observation." 

Having thus conclusively established this first point, he proceeds 
to take the position which it was intended to support, to wit: that 
the United States, by proposing to acquire other Mexican territory 
besides Texas, have entirely changed the question between the two 
countries, and have given to the war the character of a war of con- 
quest; thereby, as he says, (being blind to the flagrant contradic- 
tion between this assertion and the whole conglomeration of facts 
in which it stands imbedded,) disclosing what every one who ob- 
serves the march of the American government has all along known 
to be the truth of the matter: that this conquest was, from the be- 
ginning, what the United States were intent upon. Blaming the 
Mexican government for having permitted the issue to be changed, 
he enters into an examination of the course pursued by it in the 
negotiation, beginning with a survey of the position occupied by 
Mexico at the moment when the commissioners first met. This re- 
view commences as follows: 

" In fact, when once the question had been varied by the United 
States in the manner we have just seen, it became a matter of the 
deepest interest and moment to watch what attitude, what course, 
our policy assumed, to confront that of our neighbors; and this in- 
terest was the greater, because of the policy which, for so many 
years, had been inviolably adhered to among us. It is very natural, 
in times of civil discord, that parties, in order to obtain possession 
of power, should invoke the dearest interests, and pretend to hold 
the most generous resolves; and hence it arose that the war of 
Texas, the object of hope and fear to all well iutentioned persons, 
was for a long time the cloak of the most inexcusable machina- 
tions. In the name of Texas, the nation was oppressed for many 
years by successive governments, destroyed by revolutions, and 
impoverished by enormous contributions. Every one of the gov- 
ernments that appeared upon the shifting scene promised to incor- 
porate the usurped territory, but never attempted it; while, at the 
same time, Texas went on increasing in population, obtained her 
recognition from foreign governments, acquired every day new 
guarantees for her existence, and now showed the real reason for 
her rebellion; which was, and always had been, her annexation to 
the neighboring republic, the instigator and promoter of her sepa- 
ration. Re-conquest was then the only policy of our administra- 
tion; and when, on the eve of annexation, an indisputably patriotic 
and upright Executive saw the Texas question in a new light, and, 
at the risk of its existence, with the rarest and most praiseworthy 
disinterestedness, endeavored to solve it in a wise manner, and se- 
cure the nationality of the republic by erecting Texas into a small 
independent nation, which, under the guarantee of other powers, 
should never be annexed to the United States, but should thus serve 
to maintain the balance of power on our continent, in the same 
manner as the nationality of Belgium put an end to the disputes 
which had so often deluged the fields of Europe with blood — even 



[52] 



224 



this intention became a party weapon, and a motive for revolt: men 
of the most exalted worth were called traitors, and the government 
was overthrown. Re-conquest again became our policy." (This, 
be it noted, refers to a period after the admission of Texas had 
taken place.) u The military rebellion of San Luis gave rise to a 
government pledged to resist all accommodation ; which government 
(although in its diplomatic conduct it pursued the same policy as 
the government it had overthrown, on account of that very policy) 
commenced hostilities; and, under its fatal auspices, began this 
inconceivable and deplorable series of defeats. 

" The government installed by the national movement of 1846 
could not do otherwise than continue that war;" (the war, that is 
to say, commenced by Paredes,) ll and without its having been dis- 
cussed, either then or before, on what terms an honorable peace 
might be brought about, it has been assumed as a basis, that Mexico 
should listen to no proposals until our arms should drive back the 
Americans beyond the Sabine." 

Here, then, besides the testimony which the facts adduced by the 
writer (for a totally different purpose) bear to the anxiety evinced 
by the United States to avoid a iupture, we have an explicit ac- 
knowledgment, First, that after the admission of« Texas as one of 
the States of our Union, the u re-conquest" of that State ll again 
became the policy" openly avowed by the Mexican government. 
Secondly, that the government of Paredes, which, by a successful 
military rebellion, supplanted the Herrera administration, came in 
a pledged to resist all accommodation." Thirdly, that this gov- 
ernment " commenced hostilities." Fourthly, that the " war" so 
commenced had for its object to u drive back the Americans beyond 
the Sabine." Fifthly, that after the Paredes usurpation had been 
overthrown, this continued still to be the object of the war, and 
the Mexican government assumed as its basis of action, that no pro- 
posals for peace should be listened to until this object should be 
• ' ctedt 

''he writer says, at the commencement of the foregoing extract, 
that the United States u drew off their forces to Corpus Christi, in 
order not to demand anything beyond the territory in dispute." Al- 
though these words involve an acknowledgment of the extreme 
moderation and caution with which the American government pro- 
ceeded, they convey excetiingly vague and incorrect ideas, and 
place in an altogether confused and false light the question between 
the two countries which has given rise to this war. They imply 
that there was a certain u territory in dispute," and that this terri- 
tory was the country between the Sabine and the Nueces, (to the 
exclusion of that lying between .the latter river and the Bravo. 
Now, this was not at all the character of the question. So far as 
Mexico was concerned, she made no such acknowledgment: her 
position was that of a refusal to acknowledge that Texas had be- 
come incorporated into the American Union; she peremptorily 
claimed the whole country, from the Bravo to the Sabine, as Mexi- 
can territory. On the other hand, the United States made no such 
acknowledgment either. What they acknowledged was, that Texas 



225 [ 52 ] 

having once constituted one of the States of the Mexican republic, 
from which she had separated herself, and against which she had 
established her independence by war, claiming a certain boundary, 
and having now become one of the United States of America, still 
claiming that same boundary — which claim constituted, therefore, 
an open question — it was indispensable that this question should be 
settled between the United States and Mexico. This is the position 
which was occupied by the United States; and they asked that this 
question might be settled. 

It is true, that previously to the war between Texas and Mexico, 
which had given to Texas (as it had given to Mexico likewise) the 
right to insist upon a change of boundary , as the condition to peace, 
the boundary between Texas and the adjoining states of the Mexi- 
can republic had been (as was generally understood) different from 
the one now claimed by her. And it is true, likewise, that the 
right to insist upon or to waive this alleged change of her boundary 
having been transferred to the United States, the American gov- 
ernment did afford to Mexico and to the world the proof of moder- 
ation referred to by Seilor Otero; but his statement of which ought 
to have been differently framed. To be accurate and consistent 
with the true nature of the case, it should have been, in substance, 
as follows: The duty of settling the boundary between the Texan and 
Mexican republics having, in consequence of the admission of the 
former as one of the United States of America, devolved upon the 
American government ; and it being generally understood that the 
boundary asserted by Texas embraced a portion of territory {that 
bordering on the east bank of the Bravo) which had not been included 
within her limits when she constituted part of the Mexican republic* 
and before the war waged against her, in consequence of her separ- 
ating herself, upon the subversion of its constitution and the sub- 
mission of the rest of the country to military usurpation and despot- 
ism — under these circumstances, the American government, actuated 
by the most earnest wish to avoid a collision with Mexico, abstained 
from occupying that disputable portion of territory ll until the war 
became inevitable:" in other ivords, until, by repelling advances 
towards an amicable arrangement, which the United States perse- 
vered in to an extent that would have been altogether incompatible 
with self-respect, had the opposite party been a nation from which 
anything could be feared, and by many other conclusive proofs of its 
inflexibility in adhering to the determination which it had pro- 
claimed to li reincorporate Texas," and never to sheath the sword 
until " the Americans should have been driven back beyond the 
Sabine," the Mexican government left to the United States no possi- 
ble course save that of retiring behind the Sabine, or of repelling 
the " hostilities" which Mexico, true to her threat, soon after "com- 
menced." 

Slated in some such way as this, the incident referred to bySeilor 
Otero would have stood in its true light, and would not have been 
attended with the effect of conveying confused and false no'ions in 
regard to the nature of the, momentous question to which it apper- 
tains; a qu.^tion which, on the oart of Mexico, according to Senor 

15 ' j 



[ 52 ] 226 

Otero's own irrefragable showing, was used by the men who have 
wantonly sported with the destinies of their country, like any other 
commonplace and hackneyed topic of party slang, for the mere end 
of obtaining possession of the government and getting themselves 
into office. What the end is, which lies behind this one, (save in 
the case of a few most honorable exceptions,) is unfortunately but 
too notorious. Unless public opinion in Mexico be altogether at 
fault; unless the settled conviction upon this point, universally en- 
tertained by all classes of men — by the purest and most upright of 
her citizens, as well as by the most impure and unprincipled — and 
habitually referred to by all, as the explanation of all things, rests 
upon no other foundation than airy dreams; — unless this be the case, 
this end of all other ends could not fail to be strikingly exemplified 
by the final history of those " enormous contributions," for which, 
as Senor Otero (whilst ardent with his invective against the cupi- 
dity and rapacity of the American people) informs us, the " recon- 
quest of Texas", was made the pretext; and by which " the nation 
(Mexican) was impoverished." If that history were known, or 
rather if it /vere published, (for such things are here covered with 
but a thin v^ilj when covered at all,) it would, when taken in con- 
nexion with Senor Otero's account of the progress of the Texan 
question, disclose to the amazed world the fact that this war, with 
its countless train of evils to the parties, and with the incalculable 
detriment which it brings upon neutrals, is at bottom due to one 
thinf, and to this one thing alone: the reckless ardor with which 
the factions that unhappy Mexico has so long been a prey to, have 
habituated themselves to pursue that which, to their philosophy, is 
the supreme good — to wit, the felicity of engendering and fondling 
" enormous contributions." 

N. P. T. 



[No. 20.] Head-quarters of the U. S. Army, 

Mexico, November 7, 1847. 

Sir: Referring to my No. 19, a duplicate of which is herein en- 
closed, I have the honor now to transmit a copy and translation of 
the reply of Senor Rosa, under date the 31st ultimo, to my note of 
the 20th. 

Although, as will be perceived, Senor Rosa states that my com- 
munication leaves but little hfope of the possibility of re-establish- 
ing peace, but little, if any, importance is to be attached to expres- 
sions of this kind, coming from those who labor under the misfortune 
of having to conduct the affairs of this country. It is a mere 
manner of style, which they are compelled to use in self-defence, 
and which they must employ all the same, whatever may be the 
dispositions or the intentions really entertained by them. In the 
present instance the prospect of a treaty is, I know, very good, so 
far as this depends upon the party by which the present administra- 
tion has been built up. On this point (that of at once accepting 
our terms) the tone of the "Razonador," particularly, (and other 



227 • [ 52 ] 

papers also,) is as undisguised as possible, and no less urgent, and 
it speaks the real sentiments of the peace party; sentiments which, 
will take the shape of acts, if such a thing be within the bounds 
of possibility. Strong hopes are entertained at this moment that 
it is so. If it prove otherwise, this will not be owing to any lack 
of inclination or of exertions on their part, but to the success of 
the efforts making by the puros to defeat them. These, although, 
absolutely irreconcilable foes to Santa Anna, are now acting in 
concert with the Santanistas, (as they would act in conceit with. 
any faction, a union with whom for the occasion might be neces- 
sary to promote the object which they now have in view, as a 
means to the great end that I explained in my No. 18,) forming 
with them, what, in a letter from Queretaro, under date the 4th in- 
stant, contained in to-day's "Monitor," is called the " Puro-Sant- 
anista league," which opened its batteries against the government 
on the 4th instant, charging it with remissness in pushing the war. 
This assaulj; ended with a resolution calling upon the ministry 
to appear and inform the House what measure it had adopted, 
with reference to the war; which resolution was rejectc ' by a vote 
of fifty odd against twenty-five. I received, three clays since, pos- 
itive information of there being (by the then latest accounts) forty- 
four votes which could be counted upon for peace. The alacrity 
"now shown by the members of the puro party in hurrying to the 
scene of action, indicates that they have become impressed with 
the necessity of bringing up all their forces. From the leading 
editorial in the last "Razonador," which accompanies this, it will 
be perceived that the object which governs their movements is no 
longer a secret. Whether the indignation with which the Razona- 
dor speaks of it be genuine, is very questionable. At any rate it 
would, I doubt not, quickly subside, if matters took a turn to ren- 
der this expedient; that is, if our country gave the word. Tke 
letter referred to says, also, that one of the members of Santa 
Anna's recent cabinet stated that General Mora, one of the com- 
missioners that met me, and now minister of war, had agreed to 
make peace; (meaning on the terms of our projet, and referrino- to 
that time.) 

The express by which this is to go (a private one) I did not hear 
of until this evening, and I must now close. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchakan, 

Secretary of State. 



[Translation.] 

Queretaro, October 31, 1847. 

The undersigned, minister of foreign relations of the Mexican 
republic, has had the honor to receive the note, under date the 20th 
ultimo, addressed to him by his excellency Nicholas Trist, commis- 



[52] 



228 



missioner of the United States of America, clothed with full powers 
to conclude a treaty of peace with the said republic. The under- 
signed has received also the note of his excellency Mr. Trist in 
reply to that addressed to him, under date the 6th September, by 
their excellencies the commissioners on the part of Mexico for ne- 
gotiating a peace. 

Although the two documents referred to leave but little hope 
that peace may be re-established, the undersigned can assure his 
excellency Mr. Trist that the government of Mexico is animated 
hy the same ardent wish as his excellency for the cessation of a 
war the calamities of which now bear heavily upon this republic*, 
and the consequences of which will, sooner or later, make them- 
selves felt, by the United States of America. 

The undersigned will, in consequence, have the honor, in the 
course of a few days to advise his excellency Mr. Trist of the ap- 
pointment of commissioners to continue the negotiations for peace, 
to whom will be given instructions for the previous adjustment of 
an armistice, which the government of the undersigned believes will 
conduce greatly to the good result of the said negotiations. 

The undersigned offers to his excellency Nicholas Trist the as- 
surance of his very distinguished consideration. 

LUIS DE LA ROSA. 



[No. 21.] Head-quarters of the U. S. Army, 

Mexico, November 27, 1847. 

Sir: I have the honor to acknowledge the receipt, on the 16 tk 
instant, by a courier from Vera Cruz, of your despatch of the 25 th 
ultimo, accompanied by the triplicate of that of the 6th of the 
same month, the original of which was delivered to me on the 
evening of the next day by Mr. Smyth, the bearer of despatches. 
The duplicate has not yet come to hand. It probably forms part 
of the large mail which, agreeably to the intelligence received 
here, left Vera Cruz in company with General Patterson, who had 
stopped at Jalapa. 

On a future occasion, perhaps, should I ever find time to employ 
on a theme so insignificant with respect to the public interests, and 
so unimportant in my own eyes, so far as regards its bearings upon 
myself personally, I may exercise the privilege of examining the 
grounds for the censure cast upon my course by the President, and 
explaining those upon which rests the belief, still entertained by 
me, that that course was calculated to attain the end contemplated 
by our government, and was the only one which afforded the 
slightest possibility of its being attained — the end, I mean, of 
bringing about a treaty of peace on the basis, in all material re- 
spects, of the project intrusted to me. For the present, I will 
merely csll attention to the fact that a mere offer to refer a ques- 

ion to my goverument constitutes the only ground on which I can 

* charged with having "gone so far beyond the carefully consid- 
d ultimatum to which [I was] limited by my instructions. 57 



229 [ 52 ] 

Whether this offer, under the circumstances and prospects of the 
crisis when it was made, was wise^or unwise — I mean with refer- 
ence to the end desired by our government — is a question which 
no longer possesses any practical importance; though the time was, 
when it constituted with me a subject of the most careful and the 
most anxious deliberation; not because of the personal responsi- 
bility attaching to the decision in which that deliberation resulted 
— for that never occupied my mind for an instant — but because I 
knew and I felt that upon my own decision depended, according 
to every human probability, the early cessation of the war, or its 
indefinite protraction. The alternative presented by the position 
in which I found myself was, on the one hand, to keep on safe 
ground so far as I was personally concerned, and destroy the only 
possible chance for a peace; on the other hand, to assume respon- 
sibility, and keep that chance alive, with some prospect at least — 
and, all things considered, as perhaps I may hereafter take the 
trouble to show, by no means a prospect to be despised under such 
circumstances — that the adoption of our projet might come to pass. 

4ft 1 i . jfc i: . ^ -at- i -ax. jfe ' jk ' jfe jfr flfe 

Upon* referring to your two despatches above referred to, my 
first thoughts was, immediately to address a note to the Mexican 
government, advising them of the inutility of pursuing their inten- 
tion to appoint commissioners to meet me. On reflection, how- 
ever, the depressing influence which this would exercise upon the 
peace party, and the exbiliration which it would produce among 
the opposition, being perfectly manifest, I determined to postpone 
making this communication . officially, and meanwhile privately 
to advise the leading men of the party here and at Queretaro 
of the instructions which I had received. Their spirits had, 
for the last few days, been very much raised by the course of 
events at Queretaro; and one of them (the sec,6nd of thetw; heads 
mentioned in a late despatch) called on me, on the very day after 
your despatches came to hand, for the purpose of communicating 
the "good news," and making known the "brightening prospects." 
Upon my saying that it was all too late, and telling what instruc- 
tions I had received, his countenance fell, and flat despair suc- 
ceeded to the cheeriness with which he had accosted me. The 
same depression has been evinced by every one of them that I 
have conversed with, whilst joy has been the effect with those of 
the opposite party who have approached me to inquire into the 
truth of the newspaper statement from the Union. By both parties 
the peace men were considered as floored; this was the coup de 
grace for them. 

Mr. Thornton was to set out (as he did) the next morning 
for Queretaro; and I availed myself of this, privately to ap- 
prise the members of the government of the state of things 
with reference to which their exertions in favor of peace must 
now be directed, and to exhort them not to give up, as those 
here had at first seemed strongly disposed to do, and, as it was 
believed here, that those at Queretaro would at once do. For- 
tunately, however, when the news reached there, they had just 



[52] 



230 



taken in a strong dose of confidence — the result of the meeting 
of the governors — which has rerved to brace them against its 
stunning effect. Mr. Thornton left here on the 17th, and was 
to complete his journey on the evening of the 21st. Before he 
had reached there, I was privately advised here of the appoint- 
ment of the commissioners named in the official note from the 
minister of relations, under dale the 22d, herein enclosed, together 
"with a copy of my reply to the same, which was despatched from 
Queretaro on the morning of that day. Their extreme anxiety on 
the subject may be judged of from the fact that I have received, 
already, the same communication in duplicate and triplicate. The 
peace men did not cease, for several days, to implore me to re- 
main in the country, at least, until Mr. Parrott shall have arrived 
with the despatches of which report makes him the bearer. To 
these entreaties, however, I nave turned a deaf ear, stating the ab- 
solute impossibility that those despatches should bring anything to 
change my position in the slightest degree. General Scott at once 
said, that he would despatch a train at any time I might name. 
And I should have set out before this, but for two considerations; 
one, that the garrison here is already so small that its duties are 
exceedingly oppressive to both officers and men, and ttwe matter 
■would be made still worse by the detachment of another escort; 
the other, that General Scott has been engaged, during the whole 
time that was not employed in the discharge of his current duties, 
in drawing up charges against General Pillow and others, which 
had first to be done before my testimony (that is highly important) 
could be taken in the case. For these reasons, I determined to 
postpone my departure until the return' of the train under Lieu- 
tenant Colonel Johnson, which is expected on the 4th or 5th of 
next month. Should it be delayed beyond that time, and should 
any reinforcements have arrived here, or be near, I will set out 
immediately after. It will take us twelve days, at least, to reach 
Vera Cruz. 

I recommended to the peace men to send immediately, through 
General Scott, whatever propositions they may have to make, or 
to despatch one or more commissioners with me. After full con- 
versations on the subject, however, I became thoroughly satisfied 
of the impracticability of either plan; it would, to a certainty, 
have the effect of breaking them down. The only possible way 
in which a treaty can be made is, to have the work done on the 
spot — negotiation and ratification to take place at one dash. The 
complexion of the new congress, which is to meet at Queretaro on 
the 8th of January, is highly favorable. This will be the last 
chance for a treaty. I would recommend, therefore, the imme- 
diate appointment of a commission on our part. 

I am, sir, in great haste, and very respectfully, your obedient 
servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



231 [ 52 ] 

Queretaro, November 22, 1847. 

Sir: I have the honor to transmit herewith to you, at the request 
of Seiior de la Pena y Pena, Mexican minister of foreign relations, 
a note addressed to you by his excellency, announcing the nomi- 
nation, in consequence of the readiness expressed by you to receive 
them, of commissioners for the purpose of negotiating a treaty of 
peace with you. I beg leave to express my earnest hope, that the 
promptness with which this step has been taken by the Mexican 
government after the election of General Anaya to the presidency, 
may serve to you as a proof of their sincere and anxious desire for 
the fulfilment of the great object which the commissioners have in 
view. 

I have the honor to be, sir, your most obedient, humble ser- 
vant, 

EDW'D THORNTON. 

N. P. Trist, #c, #c, &c. 



Mexico, November 24, 1847. 

To his excellency, Don Manuel de la Pena y Pena, 

Minister of relations of the Mexican government: 

The undersigned has the honor to acknowledge the receipt of 
the note, under date the 22d instant, of his excellency Don Manuel 
de la Pena y Pena, minister of relations of the Mexican govern- 
ment, acquainting him of the appointment of the commissioners 
therein named, to negotiate for the restoration of peace. The un- 
dersigned regrets to say, in reply, that the powers conferred upon 
him, for that purpose, have been revoked, and that, agreeably to 
the instructions received by him, he is under the necessity of re- 
turning, without delay, to the United States. At the same time, 
he has been instructed to say, that any communication from the 
Mexican government, having for its object the opening of negoti- 
ations, or the restoration of peace, will be immediately transmitted, 
by the commanding general of the United States forces in this re- 
public, to Washington, where it will receive the prompt conside- 
ration of the President. 

The undersigned still cherishes, therefore, the hope that the sig- 
nature of the treaty, which has been reserved for another hand 
than his, is destined to take place at an early day. In this hope, 
he tenders to, &c. 



[No. 22. J Head-quarters of the U. S. Army, 

Mexico, December 6, 1S47. 

In the letter just referred to, besides the complimental considera- 
tion therein mentioned, (rny belief that the appointment of a com- 
mission on the part of our government cannot now take place in 



[ 52 ] 232 

time,) I place my determination on the ground of my conviction, 
u first, that peace is still the desire of my government; secondly, 
that if the present opportunity be not seized at once, all chance for 
making a treaty at all will be lost for an* indefinite period — pro- 
bably forever; thirdly, that this (the boundary proposed by me) is 
the utmost point to which the Mexican government can, by any 
possibility, venture." I also state, that the determination of my 
government to withdraw fhe offer to negotiate, of which I was 
made the organ, has been " taken with reference to a supposed 
state of things in this country entirely the reverse of that which 
actually exists. ,y These four points constitute the heads under 
which the development of the subject naturally arranges itself. 

1. " First, that peace is still the desire of my government." 
Upon this point the words of the President, as I took leave of him, 
are still fresh in my memory: "Mr. Trist, if you succeed in mak- 
ing a treaty, you will render a great service to your country." 
These were his words, with an addition respecting the " great dis- 
tinction" which I should thereby acquire; a matter which to me 
was one of very slight if of any concern then, and the value of 
which has certainly not risen in my estimation since, after the ad- 
ditional opportunities which my companionship with this army — 
truly a "gJorious army" — has afforded of knowing by what means 
"great distinction," true or false, may be acquired; and also of 
seeing that for distinction's sake, for the sake of the thing itself, 
the false is as good as the true. It was, however, far otherwise 
with respect to the "great service." It required no words from 
any one to impress me with the truth that the restoration of peace 
would be a great benefit to our country; and the conviction on this- 
point, and the wish born of that conviction, which I entertained 
and cherished then in common with our whole country, to say 
nothing of differences in modes and degrees, arising from peculiar- 
ities of position on the political board, I entertain and cherish still, 
with this difference only, that both the conviction and the wish, 
have become strengthened a thousand fold by the same opportuni- 
ties just referred to. 

Such having been the state of the President's mind at the time 
of my departure, and such the spirit in which I was sent here, I 
have carefully examined the despatches last received by me, (those 
by which I am recalled,) with special reference to the point now 
under consideration; that is to say, taking those despatches as the 
latest expression of the wish/ and intention of our government as 
to the restoration or non-restoration of peace, I have examined 
them with a view to discover whether any change has occurred in 
the President's mind, in other words the recognised mind of our 
government, on this particular subject. I have found there no in- 
timation or indication of any such change; nothing whatever which 
would at all warrant the supposition that he has ceased to believe, 
or believes any the less strongly now than he did then, that the 
restoration of peace is highly desirable to the country whom he is 
charged with the grave responsibility of thinking for, and judging 
for, and determining for, at this fearful turning point of her des- 



233 [ 52 ] 

tinies. On the contrary, the determination of the President to put 
an end to the mission committed to me, is expressly placed on the 
ground of his belief " that your (my) continued presence with the 
army can be productive of no good, but may do much harm.' 1 '' How? 
The conclusion of ihe sentence gives, the answer: "by encouraging 
the delusive hopes and false impressions of the Mexicans." The 
delusive hopes and 'false impressions here referred to are those to 
which, in the sentences immediately preceding, the pertinacity of 
the Mexicans in continuing the war is ascribed: " They must at- 
tribute our liberality to fear, or they must take courage from our 
supposed political divisions. Some such cause is ngcessary to ac- 
count for their strange infatuation." It is, therefore, because of 
its supposed tendency to prolong the war, that the President appre- 
hends that the continuance of this mission u may do much hqrm. >>i 
Here, then, is a conclusive proof that, upon the point now before 
us, the President is still of the some mind as when I left Washincr- 
ton; that now, as then, he considers the protraction of the war a 
great evil; that now, as then, he believes that to restore peace 
would be to render a great service to our country; in a word, "that 
feace is still the desire of my government. ." 

Thus has the first point become established in my mind. It is 
true, that since I left home the tone of the public mind of our coun- 
try in regard to this war has undergone a great, and in one respect 
a most salutary change, as no one acquainted with the patriotic 
sentiment which lies at the bottom of her heart could doubt that it 
would undergo, under the influence of the impressions produced 
by ihe view she has taken, altogether erroneous as that view is, 
and can easily be demonstrated to be, of the occurrences here im- 
mediately preceding the capture of this city. 'Tis true, also, that 
the unanimous determination now gpanifested in all parts of the 
Union to support the war has altogether reversed, for the moment 
at least, the party consequences which, down to the time when this 
change occurred, were universally considered as certain to ensue 
from the war, unless it were speedily brought to a close. Of all 
this I am fully aware. But it is altogether irrelevant to the point 
just considered; that point being, not what may be the present tone 
of the public mind in regard to the war, nor what party conse- 
quences may be likely to result from its continuance, but simply 
and solely whether, judging from the communications made to me, 
I have good and sufficient reason to believe, and am bound to be- 
lieve, " that peace is still the desire of my government.'''' 

I will, however, say that if, losing sight of the principle which 
requires that every public servant in the executive branch shall 
look to the Executive alone as the rightful and the only rightful 
channel through which any kno.wledge of the public will can reach 
him; if, losing sight of this principle, 1 had added the considera- 
tions just adverted to to the list of those by which it was proper 
that I should be governed; even in this case, I should have been 
brought to the same conclusion in regard to \he desire and the will 
of my country, that I have been brought to in regard to the desire 
of my government: and the conclusion would have been still the 



[52] 



234 



same in regard to party consequences, both in the broad and in the 
narrow view which may be taken of them, for my conviction is im- 
measurably deeper now than it was eight months ago that the early 
cessation of this war is of incalculable importance to the preserva- 
tion of the great principles of the democratic party, whilst, with 
respect to the narrow view of the subject, embracing only the in- 
fluence which the continuance of the war may exercise upon the 
jesults of the struggles for office now going on, I am satisfied, not- 
withstanding the very decided character of the present war fever, 
that the expectations to which it has given rise are destined to 
prove altogether transient, and that the war spirit is soon to sub- 
side to tiie point up to which alone, particularly with reference to 
such an adversary as Mexico, the high intelligence and the high 
civilization of our country can permit it to continue; the point, I 
mean, of giving to the war a sober and steady support, so long as 
the government, keeping, as hitherto it has done, on the right side, 
shall continue to prosecute hostilities with a view solely to securing 
a peace, so soon as this can be secured upon fair terms. However 
great may be the tumult of feelings occasioned at home by the 
events here, which crowded themselves into one short month suc- 
ceeding our arrival near this capital, and whatever be the thoughts 
which that stafte of high excitement may have occasioned, the point 
just indicated is one to which the war spirit cannot but subside. 

I consider this certain, because it is manifest that this excitement 
(except so far as it consists of pure, generous, patriotic joy and ex- 
ultation at the glorious deeds of our army) consists solely of indig- 
nation against this country; and because I know that the appear- 
ances by which this indignation has been excited are so entirely 
deceptive, that it cannot possibly survive a single " sober second 
thought" upon the truth of the matter, when that truth shall be 
known. One such thought is $11 that can be necessary to convert 
this angry feeling into one of pity and commisseration, and to make 
our country ashamed that she should have been betrayed into al- 
lowing herself to degrade her indignation by throwing it away upon 
such an object; to make her blush at having fallen into the error 
of fancying that, with reference to a country towards which such 
sensitiveness is far more misplaced than it would be towards any 
one of the Indian tribes within our borders, her honor could require 
her to bristle up as she would towards England, or France, or Rus- 
sia, upon the same affront from them: that is to say, if their gov- 
ernments were to pursue towards her the same line of conduct 
which, on this stage, has recently marked the exit of the miserable, 
trembling, vacillating faction, that had possessed itself for the hour 
of the opportunity to filch from this people, and of the pretext to 
speak in their name. 

What is the character of this country, as compared with ours? 
The identity between the government and people, which is our most 
striking peculiarity and our proudest characteristic — which, among 
us, is perfect, absolute, and uninterrupted for a single day or a single 
hour — this identity there is not the faintest shadow of here. Whilst 
we constitute, really and truly constitute, one being with respect 



235 [ 52 ] 

to the rest of mankind; whilst we have a government fixed 
as the eternal hills — a government the stability of which is never 
for an instant ' disturbed, and the obedience of which to our will 
is constant and invariable; whilst this is the condition. in which 
Providence has placed us, the unhappy people of this country 
do not so much as constitute a nation at all: they present but 
an incoherent collection of fragments of the human family, 
among whom the principle of concerted action is so weak as to be 
altogether inadequate even'for the purpose of mutual protection at 
their very hearth-stones, against the mid-day robber and assassin. 
"With respect to what is called their government, they present but 
a helpless multitude; and this government itself, always destitute 
of all semblance of stability, is seldom anything but a soulless fac- 
tion, utterly devoid of sympathy with the people, and intent solely 
upon haste in robbing, ere it be ousted from" its stolen lease of a 
political power entirely ineffectual for the most ordinary purposes 
of government, as these are regularly fulfilled in all tolerably well 
organized communities. Whilst among the nations of the earth we 
are the one above all others to whom with the greatest equity may 
be applied, in all strictness and rigor, the international principle 
that every government must be regarded as the organ of the peo- 
ple who consent or submit to its rule, and that the acts of the one 
must, be regarded as the acts of the other; whilst this is our position, 
Mexico occupies the very lowest point of the same scale — a point 
beneath even the one proper to the Indian tribes within our borders; 
for they have a real national existence, both internally and exter- 
nally, whilst she has none, either for internal purposes or for ex- 
ternal: they always constitute one body, and are never without a 
head to this body — a head which truly represents the collective 
will; whilst the condition of the Mexican people (for, from want of 
a more appropriate term, the word people must be used in speaking 
of her inhabitants, when considered as one mass) is the reverse of 
this in all respects, and their existence as a nation is limited to the 
one single fact that their independence is recognised by the rest of 
mankind; in other words, that there is a general acknowledgment 
of the absence of right in other nations to interfere in their inter- 
nal concerns. Whilst the principle referred to is one of absolute 
necessity as a rule among nations; and while this necessity extends 
not only to such acts of governments as are attended with injury to 
the material interests of other nations, but to such also as affect 
only points of honor and international decorum; while this rule is 
necessarily of universal application, still, nowhere else upon our 
globe is there to be found a people whose helplessness in regard to 
the factions that, in endless succession, are ever preying upon them, 
presents equally strong appeals to every generous or good senti- 
ment of the human heart, in its enforcement with respect to them. 
Nowhere else is there to be found a people in regard to whom the 
the indulgence of feelings of exasperation or resentment, for any 
possible breach of international decorum committed by one of those 
factions, is equally unworthy of a christian people — equally irre- 
concilable with self-respect in any civilized community. Nowhere 



[52] 



236 



else does there exist a people in regard to whom the aggravation of 
their unhappy lot, by injury to their materia! interests, as a punish- 
ment for mere affronts offered by their rulers in departing from the 
established standard of diplomatic probity or diplomatic courtesy, 
would be equally abhorrent to the most ordinary justice between 
man and man. 

And does it admit of doubt that, when all this shall once have 
been adverted to by the American people, the war spirit which now 
fires the bosom of our country will instantly subside to the point 
above indicated? Dues it admit of doubt that (to say nothing of 
her civilization, her Christianity, and the generosity which becomes 
her) she will instantly dismiss, as incompatible with her position 
of pride among nations — as degrading to her dignity and honor — 
the thought that these could be wounded to the quick, or could be 
touched at all, by aught proceeding from such a source, in the shape 
of trembling subterfuge or impudent propositions 1 And when 
brought down by self-respect to this point, what will her war spirit 
amount to? What else can it be, other than a sober determination, 
free from everything like anger or resentment, steadily to prosecute 
the. war into which she has been reluctantly forced, with a view 
solely to the end so oft and so solemnly and with such perfect sin- 
cerity and truth asseverated by her? — the end of obtaining peace? 
What else can it be, other than a steady determination to secure 
this peace, so soon as it can be secured on just and equitable terms? — 
that is to say, so soon as Mexico shall consent to our retaining 
such portion of the territory which she has placed us under the 
necessity of occupying in the prosecution of this war, as our coun- 
try shall deem a just and fair indemnity for the cost of the v/ar, 
and the sacrifices into which she has thus been compelled. 

However unanimous and vehement the determination of our 
country may have become to support the government in pushing 
the war actively and vigorously, this determination cannot but con- 
tinue to be connected with the determination to establish peace so 
soon as it can be secured upon the terms just stated. To suppose 
the contrary, is to suppose the character of the war altogether 
changed, entirely reversed; and that, from being — as it has so often 
been declared to be, and has so truly be,en thus far — a purely de- 
fensive war on our part, it has become a war of conquest. Mere 
invasion, however extensive, does not make a war the less truly, 
and strictly, and purely defensive, so long as the intention of the 
party accords with the determination just referred to, as having 
been constantly asseverated by our government, and sincerely en- 
tertained both by the government and the country. But the instant 
this determination is lost sight of, or ceases to control and to govern 
every feeling to which the events of the war may give rise, fiom 
that instant the character of the war becomes entire. y reversed, and 
it becomes purely a war of conquest, a war waged through no other 
motive than acquisition. Whether our country will permit the 
character of the w T ar thus to become reversed; whether she will 
see in the weakness and defencelessness of Mexico, or in the de- 
plorable state of things which the internal condition of this coun« 



237 [ 52 ] 

try exhibits, reasons sufficient to induce her to employ her power 
in subjugating it, either from motives of ambition or from motives 
of philanthropy; this is a question which the future alone can 
settle. But of two things I feel perfectly certain. The one, that 
this question has never yet been presented to her. The other, that 
her intelligence will not permit this reversal of the character of the 
war to ta"ke place, without her perceiving that it is taking place- 
her sagacity will not permit the question just stated to substitute 
itself unr.erceived for the question whether the war, in the charac- 
ter which has thus far belonged to it, shall receive a cordial sup- 
port. However vehement and enthusiastic' may be the response 
which she is now giving to the latter, this generous excitement can 
never so far cloud her reason as to make' her confound the two 
questions, or blind her to the fact that her "response to the one has 
»no manner of applicability to the other, cannot rightfully be taken 
as an answer to the other, and warrants no inference whatever in 
regard to the answer which she will give to that other. 

Such has been the result of my endeavor to seize the true cha- 
racter of the change now exhibited in our country's tone of mind 
#ith respect to the war. This is not, as I have, said before, among 
the considerations by which I have deemed it proper that I should 
be governed in the trying position in which I find myself. But, 
had it been so, T should have had to enumerate among those con- 
siderations my conviction that peace is still the desire of my coun- 
try, as well as of my government. 

I will here take leave of this first head, w r ith the remark that — 
as will be perfectly apparent from what I have to say under the 
next, with reference to the state of things in this country — this is 
such as to create an absolute incompatibility between a sincere de- 
sire for peace on our part, and any omission on our part to seize, at 
ffle orry instant when it may present itself, any opportunity that 
may occur to make peace upori. terms just to on/selves' : for, accord- 
ing to every human probability, this juncture is rapidly vergino- to 
a state of things when a treaty of any kind with this country will 
be an absolute impossibility. 

2. " Secondly, that if the present opportunity be not seized at 
once, all chance for making a treaty at all will be lost for an inde- 
finite period — probably forever." 

Upon this point, the explanations of the state of parties in this 
country, contained in my recent despatches, will hare afforded you 
some means of forming a judgment. I will here repeat, that — 
setting aside mere personal factions — but two parties partakino- in 
any sense of a national character (as those both do in one sense, 
and the best sense; that is to say, they are governed by considera- 
tions having reference to what they consider the good of their 
country) now exist here, with respect to the question of peace or 
war. Both desire peace, and have peace in view: but the one de- 
sires peace immediately; whilst the other, bent upon making the 
war conducive to its views respecting the mod,' of promoting the 
public weal, is no less actively, and energetically, and recklessly 
opposed to immediate peace, than if it were .actuated alone by 



[52] 



238 



national animosity, in its very bitterest and maddest conceivable 
excess. In this form, and in this form alone — putting out of wew 
mere personal factions — does there exist in this country, at the pre- 
sent moment, a war party. There is no such thing as a war party, 
for the sake of war, nor even for the sake of resistance. All minds 
are satisfied of the utter inutility and hopelessness of this. The 
only national influence which presents — or which has presented, 
since the downfall of Santa Anna, and the success of the efforts of 
the friends of peace in organizing a government — any serious ob- 
stacle to the making of a treaty of peace, consists of the annexa- 
tionists, of those who are inflexibly resolved, cost what it may, to 
play out their game (commenced long before the war broke out) of 
forcing our country into a connexion with this. It was through 
dread of succumbing before this same influence — aided as it then 
was, and would have continued to be, by many others, of which it 
constituted the nucleus, but whose cohesion with it went not beyond 
the point of opposition to Santa Anna, actively or passively — it was 
through this dread solely that Santa Anna, at the crisis of his 
destiny, shrank from making the treaty which could alone save him, 
and which would have given him the power to carry out his 
despotic designs. 

Such is the character of the two parties, on whose struggle the 
issue to the question of peace or war really depends. And this 
question is not whether peace shall take place now or a year hence: 
it is a question between immediate peace and indefinite war. That 
the case stands thus, is perfectly manifest from the position of the 
two parties at the present moment. 

The efforts made by the friends of peace — and never were efforts 
more active or more untiring than these have been, since they 
aroused from the supineness in which they had been held by the 
apprehension of giving strength to Santa Anna if they did any- 
thin" - for peace whilst he remained in power — have been crowned 
with success far exceeding their most sanguine expectations. They 
first built up the "provisional government" of Pena y Pena, a gov- 
ernment pledged to the cause of peace, and known to be sincerely 
devoted to it. This government they defended and upheld against 
the ceaseless machinations of the puros, acting in concert with the 
Santanistas and all the other personal factions who could be 
brought into the alliance. Whilst engaged in this contest, they 
have succeeded in bringing the " sovereign constituent congress" 
together, and in obtaining at its hands the election of a president 
ad interim of the same complexion as the provisional president 
whom he replaced, and who immediately appointed that predeces- 
sor his minister of foreign relations, at the same time that he reap- 
pointed to the post of minister of war General Mora y Villamil, 
the avowed "apostle of peace," known to the whole country as 
the man who, as one of the four commissioners then treating with 
me, had, in full cabinet council, taken the lead (which was fol- 
lowed by the others) in declaring himself in favor of accepting our 
projet. During this same struggle, they have carried the elections 
of president and of the new congress which is to meet in January; 



239 [ 52 ] 

that president being no other than General Herrera, the man of all 
others, perhaps, most universally respected throughout the repub- 
lic for the purity of his character, and one of those same four com- 
missioners, who, on the occasion referred to, evinced his concur- 
rence in the opinion of General Mora. And, finally, they have 
succeeded in bringing together at the seat of government the gov- 
ernors of the respective States; and', after full conference, in ob- 
taining their concurrence (with one single exception — the governor 
of Potosi) in the peace policy, and the pledge of their support. 

Such is the character and the condition, actual and prospective, 
of the peace party: a party the principal leaders of which are men 
whose talents and virtues would command confidence in any 
-country; men, some of whom have never before taken an ener-._ 
getic or an active part in public affairs, and the rest have kept 
aloof from the government for a long period, except during the 
short space when it was held by Herrera; men who recently have 
banded together, and have worked indefatigably to possess them- 
selves of the public posts, solely with a view to bring about the re- 
storation of peace. They are now in complete possession of the 
government ad interim; and this government is to be succeeded, 
on the 1st of January next, by a regular and permanent one, of the 
same complexion as itself in all its branches, and elected according 
to the forms of the constitution of 1824, as now restored. But this 
party cannot possibly stand, unless the object for which alone it has 
formed itself be speedily accomplished. Without this its destitu- 
tion of pecuniary resources must become aggravated every day; 
and this cannot continue much longer without sealing its fate: a ca- 
tastrophe which would involve a total dissolution of the federal 
government and of the Union. 

To bring about th's is now the object of the war party; and so 
little disguised is it, that a decree suspending the existence of the 
federal government during the war has actually been proposed in 
the constituent congress. Foiled in all their schemes, first to pre- 
vent the organization of any government after the abdication of 
Santa Anna; then, to prevent the recognition of the provisional 
government of Pena y Pena by the State goverraents; and, after it 
had been recognised by the States, to prevent its recognition by 
the constituent congress; foiled in its manoeuvres in congress to 
break up the provisional government by means of degrees of dis- 
qualification, and articles of impeachment against Pena y Pena and 
his two ministers, and foiled again in its combinations (which were 
very near succeeding) to carry the election of president ad interim; 
and after this election had been carried against them, foiled in 
their endless schemes for compelling the administration of Anaya 
to commit itself in favor of the prosecution of the war; — foiled in 
everything they have attempted, their determination has but become 
the stronger and the more energetic; and they are now at work to 
accomplish out of congress the object of the decree proposed by 
them for suspending the existence of the federal government. This 
can now be done only by means of a pronunciamento; and, in con- 
cert with the Santanistas, extensive arrangements have been making 



[52] 



240 



to have u the man," as he is called, declared dictator — a measure 
which they know would be an empty farce as regards any real 
power which it could confer upon him; whilst it would be a most 
substantial reality as to the subversion of the government. The 
storm thus brewing would have been brought to a head, and been 
made to burst before now, probably, but for the respite afforded 
them by my recall. This, which inspired universal joy among 
them, (a joy that has frankly *been expressed to myself personally,) 
has lulled their apprehensions — which down to that moment were 
most vivid — in regard to the early negotiation of a peace; and 
they ate now proceeding more deliberately, relying upon the time 
which must elapse before negotiations can be resumed, and count- 
ing with almost equal confidence upon our government sending no 
more commissioners, and upon the impossibility that any such step 
can be ventured upon by theirs without greatly weakening its al- 
ready feeble powers of defence, and greatly advantaging its adver- 
saries. In a word, they know full well that the only way in which 
a treaty can be possible is by its being made so suddenly that 
nothing shall be known of its existence until it shall be presented 
for ratification; and that the means which Lt will afford to the gov- 
ernment for self-defence shall be in its hands so soon almost as it 
is presented — a condition which is absolutely indispensable to its 
obtaining ratification. Feeling certain on this point, and considering 
the danger of a treaty as being entirely over for the present, they 
are comparatively supine. In this particular, the news of my re- 
call — notwithstanding the depressing influence upon the peace 
party, and the exhilirating effects upon their antagonists, with 
which it was immediately attended — is advantageous to the former? 
and to their cause. 

Bui., although thus rendered comparatively inactive, they are not 
the less steady in the determination which weds them to their pur- 
pose; and, as I have said before, nothing can prevent its accom- 
plishment, unless the peace party shall speedily acquire the power 
of permanent resistance, which nothing but the fulfilment of the 
end for which they have striven to obtain possession of the gov- 
ernment can give. Every day that this is delayed adds to the dif- 
ficulties of their position, by far the greatest of which is the want' 
of pecuniary means; which want is so great, that they find it im- 
possible to meet even the most trivial daily exigencies of a govern- 
ment. This state of things can continue but a very little while 
longer. It cannot but bring on the early overthrow of the govern- 
ment, and with it the entire dissolution of the peace party, and 
death to the sentiment of peace in every bosom that has cherished 
it. 

The chaotic condition which the country will then exhibit, and 
the nondescript character which this war will then bear, are just 
as manifest now as they can become after the catastrophe shall 
have occurred. The purpose of the party whose immediate object 
is to render a peace impossible, will, so far as regards this object, 
have been completely fulfilled; for this country will then be with- 
out a head, with whom a treaty of any kind can be made. It will 



241 [ 52 ] 

then consist of a collection of separate States, considering them- 
selves as forming together one nation, but without a central gov- 
ernment — without a common organ of any sort. The military oc- 
cupation of the country will then go on. But to what end 1 For 
what purpose 1 What will be the object in view 1 Certainly not 
a treaty of peace, when no government will be in existence with 
which to treat on any subject. The only assignable or conceivable 
purpose for which the occupation of the country can then be per- 
sisted in will be one of these two: either the conquest of the coun- 
try, involving the subjugation of its inhabitants, by establishing 
over them a government such as we shall see fit to subject them to, 
or the use of our military power in directing and protecting the 
inhabitants in establishing a government for themselves. These 
are the only two conceivable ends, with a view to which " occupa- 
tion" can then continue; and the only conceivable alternatives to 
the explicit adoption of the one or the other of these two purposes 
will be, on the one hand, to act without any assignable object 
whatever; to continue to pour out the blood and treasure of our 
country, without being able to assign a single reason why they 
are poured out; on the other hand, to bring occupation to a close, 
by withdrawing to such boundary as we may see fit to select. 

This is the position in which our country will find herself, if the 
government which the peace party have succeeded in rearing be 
allowed to go down; as go down it must and will, unless that peace 
be promptly made with a view to which alone this government has 
been built up. 

And should " occupation" continue after it shall have put on the 
objectless character which — except upon the supposition that the 
one or the other of the two ends above mentioned is adopted — can- 
not but invest it so soon as the treaty of peace shall have been 
rendered impossible by the destruction of the government, what 
then will be the character of this war 1 I mean as to its concomi- 
tants', for it would be a contradiction in terms to talk in any other 
sense of the character of a nondescript. In previous despatches I 
have stated my conviction that a single word from our country is 
all that is requisite to raise up, or rather to bring out, a party here 
which would render the permanent occupation of Mexico a matter 
of very easy accomplishment, and at once convert it almost entire- 
ly into a peaceful occupation. But for any such effect to be pro- 
duced, this word must be pronounced. Unless this be done, the 
occupation must continue to bear the character of a hostile inva- 
sion — an invasion persisted in for the mere purpose of inflicting 
injury, or with a view to subjugating and enslaving the people. 
In this light must it be viewed by every Mexican, and his conduct 
must, ostensibly at least, square with the duty of the citizen of a 
country towards such an enemy. Even mere passiveness will, to a 
great extent, be impossible on the part of those most deeply inter- 
ested in, and most thoroughly devoted to, the cause of annexation. 
Everything done by them must be, or seem, compatible with the 
relation in which the citizen of a country finds himself towards her 
invader; and they cannot, except to a limited extent, evade even 
16 



[52] 



242 



the active obligations which this relation imposes. In this way, 
thousands will find themselves compelled to take a more or less 
active part in resistance, who, upon a declaration from us that the 
occupation is to be permanent, would at once come out and avow 
themselves on our side, and actively co-operate with us. The same 
is true, and to a greater extent, of all those who, without being pre- 
pared to take such a step now, would be drawn in by the examples 
set by the others. Without such a declaration, the whole peace 
party must, exactly in proportion to the patriotism which has ex- 
cited them to efforts in favor of peace, become — and it will be for 
the first time since the war began — actively and energetically de- 
voted to the cause of resistance. It will be manifest to all, that 
the war is not waged against the government, whose misconduct 
produced it, but against the country, against the people, with con- 
quest and subjugation for its end; and this being manifest, the war 
will become, for the first time, national — national in the best and 
highest sense of the word — for every heart capable of a throb at 
seeing a yoke held up for its country will then be fired with the 
fire of desperation. 

The character of the war thus far has been the reverse of this. 
The only spirit infused into it has been such as could emanate from 
the calculating soul of Santa Anna, with no other object in view 
than to bring it to a close, so soon as this could be done in a man- 
ner favorable to himself. Whatever he has done — and he has ac- 
complished things truly wonderful — has been done against the grain 
of the country. Every honest man in the country was his enemy, 
and ardently desired his downfall. Every man who had a single 
feeling for his country, whether from patriotism or from calcula- 
tion, was his enemy, and desired his downfall. The same hatred, 
and the same desire, animated thousands of bosoms, altogether de- 
void of honesty, and devoid of patriotism. Under their influence, 
added to the apprehension that peace would extend and confirm 
his power, the wish for peace lay hushed and dormant. Even in 
those who had been bold enough to avow it, it gave no other sign 
of life. Everything done by him was done in spite of all this, in 
spite of all the obstacles which such causes could produce. All 
the resources of the country which it was possible to withhold from 
him were withheld. But, let the feeling of national desperation 
once be aroused, and things will present a very different aspect 
from any they have heretofore borne. This country cannot effec- 
tually resist the power of ours; but such resistance as she is still 
capable of — partial as this may be, and ineffectual as it may prove — 
will be of a new complexion quite. By far the best fighting done in 
this valley, o?i the Mexican side, was done by the newly formed corps 
of rnilitia. 

If, then, the occupation is to be permanent, no time should be 
lost by our country in making a declaration to that effect. This 
is due alike to her own material interests, to regard for her own 
character, to justice and humanity towards the inhabitants of this 
country. That her position and theirs should at once be defined, 
is demanded by every consideration which can make a country 



243 [ 52 ] 

otherwise than absolutely indifferent, for her can children as well 
as for those of another country, to the prolongation and the aggra- 
vation of the evils of war. 

3. u Thirdly, that this (the boundary proposed by me) is the ut- 
most point to which the Mexican government can, by any possi- 
bility venture." 

Under this head, I can do but little else than state my perfect 
conviction, resulting from the best use I am capable of making of 
the opportunities afforded by my position, that such is the fact. 
The nature of the subject scarcely admits of my doing more. I 
will, however, call attention to the fact, that, independently of 
Texas, this boundary takes from Mexico about one half of her 
whole territory ; and upon this fact remark, that, however helpless 
a nation may feel, there is necessarily a point beyond which she 
cannot be expected to go, under any circumstances, in surrendering 
her territory as the price of peace. This point is, I believe, here 
reached. I entertain not the shadow of a doubt upon the subject. 
Earnest as is their desire for peace, and for the preservation of 
their nationality, the peace party will not go a hair's breadth fur- 
ther. If this does not suffice, they will let matters take their 
course, be this what it may. They cannot go further. It would 
be utterly impossible to obtain the ratification of any such treaty. 

I will also state my belief that they cannot maintain themselves 
long, after making the treaty now in question. Although they 
will derive from it the means of carrying on the government, and 
although these means will, I am convinced, be used both consci- 
entiously and wisely, it will, at the same time, furnish to their 
adversaries a weapon by whose force they can scarcely fail to be 
prostrated. The great object for which they have formed them- 
selves being once accomplished, the mere loss of power would, I 
believe, affect them but little, and not at all except through their 
desire further to benefit their country by the use of that power. 
But the respect and esteem which they have inspired cause me to 
entertain serious fears that something worse than a mere political 
downfall is the fate which awaits them. The same respect and es- 
teem I feel also for the leading men of the opposite party, whose 
motive and whose object are such as could not fail to command my 
warm sympathy. I do sympathise with them strongly, and the 
wish is ardent and steady that the object which they aim at, as the 
only* possible means of rescuing their country from anarchy and op- 
pression, were of possible attainment. But this very wish serves 
but to strengthen my confidence in the soundness of the convic- 
tion — which has become more and more deep and intense, in pro- 
portion as my knowledge of the«condition of this country has ex- 
tended — that the thing is altogether impossible. The more the 
subject has unfolded itself to my view, the more thoroughly per- 
suaded have I become, that, immense as would be the benefit which 
this' country would derive from such a connexion, it would be 
fraught with evil to ours, immeasurably greater; even in the eyes 
of the most disinterested and impartial philanthropist, the former 
could constitute no sort of compensation for the latter. And such, 



[ 52 ] 244 

I have no doubt, is the conclusion to which our country will come, 
should the question ever be seriously discussed among us. For 
myself, deep as is my veneration for our Union, and impossible as 
I have heretofore believed it to be that I should ever cease to con- 
sider its dissolution as the greatest of all imaginable evils, I have 
been brought to look upon this terrible calamity as a great good, 
when compared with the annexation — the annexation in our day, I 
mean — of this country to ours, be it by conquest or u occupation," 
or be it by compact. That this incoiporation is to happen — that, 
in the fullness of time, it must take place — I have no doubt. But, 
the hour is not come when it can happen without incalculable dan- 
ger to every good principle, moral as well as political, which is 
cheriihed among us; without almost certain destruction to every- 
thing on the preservation of which depends the continued success 
of our great experiment for the happiness of our race. If this 
danger is to be brought on, then would it become the most fervent 
wish of my heart to see a part, at least, of our country preserve it- 
self from it, in the only way in which preservation would be pos- 
sible. That this might come to pass, and that thus the glorious 
hope, which ha,s fed itself upon the success of this experiment, 
should be saved from total extinction, would then be the holiest 
prayer that could arise from my soul. 

There is, however, a question totally distinct from the above, 
which presents a strong claim upon the immediate attention of our 
country; a claim founded on considerations of humanity towards 
this people, as well as on its bearings upon ourselves. It is, 
whether the very peculiar, the altogether exceptionable nature of 
the case, as caused by the intimate geographical relation in which 
this country stands towards ours, would warrant such a departure 
from established principles, in this regard, as would be involved 
in a compact that should secure to Mexico the assistance which 
she needs, and which is all that she needs, for the establishment of 
a good and stable government* The elements for such a govern- 
ment — although under the pressure of circumstances they have lain 
dormant and inactive — are by no means entirely wanting in this 
country; as would seem to be the case, judging merely from the 
facts exhibited to the eyes of the world by her past history. Pro- 
tection for a few years, perhaps for a shorter time, from her own 
enormously overgrown military class, is all that she needs to bring 
about a state of things strongly contrasting with that which has 
heretofore existed here. Upon the solution of this question de- 
pends her chance for presenting such a contrast; a thing which is 
indispensable not only to her own happiness, but to the possibility 
of her being a good neighbor, to the possibility of her preventing 
the recurrence of such misconduct on the part of her government 
and local authorities, as will render peace between us always pre- 
carious in the extreme. The offer of such aid would, I am sure, 
be accepted with delight and deep gratitude. 

4. u That the determination of my government to withdraw the 
offer to negotiate, of which I was made the organ, has been taken 



245 [ 52 ] 

with reference to a supposed state of things in this country entire- 
ly the reverse of that which actually exists." 

Under this head nothing more is requisite than a general refe- 
rence to what has been stated under the three preceding. I will, 
however, cursorily examine a few of the many points which prop- 
erly come under it. 

The determination referred to is expressly grounded on the Pres- 
ident's belief that the continuance of this mission might " do 
much harm;" that is to say, as has been shown under the first head, 
do much harm in the way of preventing the restoration of peace. 
This belief could rest upon no other basis than the supposition 
that the state of things here, at the time when his order would 
reach me, would be in the highest degree unfavorable to the cause 
of peace; far more unfavorable than it had been at the time when 
I was despatched from Washington. The true state of the case 
was not only different from this, but the direct reverse of it. For 
the first time since the war began had a peace party been formed. 
Santa Anna had always been strongly inclined to peace; but this 
inclination, like every other feeling of which his bosom is capable, 
was a purely selfish one, and he had been waiting for an opportunity 
when peace might be made with advantage to himself and to his 
own despotic propensities and designs. Such was not the charac- 
ter of the peace party which had formed itself upon that man's 
downfall. It consisted of the elite of the patriotism of the country; 
men who had the good of the country at heart, and who, in seiz- 
ing the opportunity at the very instant that it presented itself, and 
from that moment sparing no toil which could bring them to their 
object, had been actuated solely by an ardent desire of peace, for 
the sake of peace and for the sake of their native land. This 
party had organized itself, and built up a government, and had 
accomplished all that I have stated under the second head. In a 
word, the state of things here, in all respects, was such, that if 
it had been contrived and arranged for the express and sole pur- 
pose of giving to the discontinuance of this mission the character 
of a deadly blow to the cause of peace, at the very moment when 
that cause was on the point of prevailing, this fatal character could 
not have been stamped upon it more clearly and manifestly and in- 
dubitably than it now is — than it now is to the eye of every hu- 
man being in this country who ever bestows a glance upon the 
signs of the times. There is not one single friend to peaceherebut 
reeled and staggered under the blow. There is not a single enemy 
to peace here from whose bosom there did not burst forth the 
shout of joy and triumph at seeing that blow fall. 

Of all this the President knew nothing; and the supposition by 
which he allowed himself to be governed (under the influence, 
doubtless, of "private" representations from an intriguer who, to 
the deep disgrace of our country — as she will, ere long, deeply 
feel, on beholding the picture, faint though it will be, of the un- 
imaginable and incomprehensible baseness of his character — pol- 
lutes this glorious army by his presence,) made the state of things 
in this country " entirely the reverse of that which actually exists" 



[52] 



246 



and which already existed when his determination was formed. 
Had he known the truth — had he formed the faintest conception of 
it — had he so much as dreamed of the possibility of a state of things 
here, approaching in the remotest degree to that which actually 
existed, he could not have believed that the continuance of this 
mission could do " much harm:" unless, indeed, the indefinite pro- 
traction of the war was the good aimed at, and to cut it short would 
be to do harm. On no other supposition than this could he have 
believed otherwise than that his highest and most solemn duty to 
his country required that he should not discontinue this mission. 
On no other supposition than this — however great might have been 
his dissatisfaction, and however extreme his displeasure at the 
course pursued by me — ! could he possibly have failed, simultane- 
ously with my recall, to clothe some other person with those 
powers, the existence of which here was rendered by that state of 
things indispensable to the cessation of the war. 

Passing from this point, I will take up another. The state of 
things with reference to which the supposition which governed the 
President's mind has just been seen to have been the direct reverse 
of the truth, was contemporaneous with the decision formed by him; 
and, consequently, it was impossible that he should actually know 
anything about it. But the unfortunate characteristic is not con- 
fined to that particular supposition. It belongs equally to the view 
taken by him of events which had occurred and which had become 
known at Washington. Here, also, this unhappy reversal of the 
truth has taken place. In this view, as in the other, everything 
was seen upside down. 

In the armistice and in the negotiation nothing could be per- 
ceived but a ricse of Santa Anna, a mere trick to gain time. By 
Jthe u Union," General Scott and myself have been held up to the 
country as having been hoodwinked and duped — as having put trust 
in the good faith of Santa Anna. Such is the complexion of the 
balderdash with which our country has been edified upon this 
theme. 

The armistice! This was entered into by General Scott without 
authority, and contrary to the intentions of the government. So 
has the country been given to understand by the u Union." With- 
out authority! And he, the general-in-chief of the armies sent here 
to conquer a peace, sent here — so has our government solemnly as- 
severated to our country and the world — for the sole purpose of 
bringing the war to a close, in the only way that events had proved 
that it could be brought to a close, by beating Mexico into a dis- 
position towards peace. The commander of these armies, sent here 
for this purpose, was without authority to grant a suspension of hos- 
tilities, in order that peace might be made! And this, too, at a 
juncture when he was cut off from all communication with his gov- 
ernment, and when he had at his elbow an agent of that govern- 
ment, who found himself there solely in consequence of the earnest 
desire, the extreme anxiety of the chief magistrate who had de- 
spatched him, that peace might be made at the earliest possible 
moment. 



247 [ 52 ] 

Without authority! Unhapp»y admission! Even if it had been 
true, most unlucky slip of the tongue! Why, the armistice is the 
crowning glory of this campaign, of this war, of the life of Win- ' 
field Scott. If the war were to last a century, nothing could occur 
to surpass it; nothing could occur that would approach it in its 
honor-giving efficacy, in its honor-giving efficacy to our country. 
A thousand Cerro Gordos, with a thousand Contreros, could not 
eclipse it for a moment, could not dim its lustre in the slightest 
degree. View it under whatever aspect you will, and it shines 
equally bright. Had it been nothing but a stroke of policy, of na- 
tional policy, in the broadest and most respectable sense of which 
the word admits, nothing could have occurred so calculated to 
elevate our country in the eyes of the world, to put her in the 
right even to those who had before deemed her in the wrong. Had 
it been nothing but a stroke of mere party policy, in the narrowest 
and least respectable sense of which the word admits, nothing su- 
perior to it could have been devised. The whole genius of Talley- 
rand might have been devoted for a twelve-month to the subject, 
and then he could not have contrived anything better calculated to 
rescue the administration, and the party that had brought that ad- 
ministration into power, from the peril which threatened them with 
quick destruction. In proof of this, see the change which has come 
over the land! And look at the fact that this change is owing 
w T holly to the armistice, because it is owing wholly to the course 
which matters took under the armistice. These things together 
have constituted the medium through which the new view of the 
war now taken by our country has been taken, and except through 
which it never would have been taken. 

But the armistice was no stroke of policy, of the one kind or of 
the other. It was something far better, far purer, far loftier. 
Whatever disposition there may be to repudiate it as an act of the 
administration, the honor of it is secured to our country. It is 
hers, and nothing — no chicanery, no nonsense which can be uttered 
about u want of authority;" no stuff, however gross, or however 
dexterously absurd, which can be poured out through the "Union," 
or through any other channel — nothing can make it otherwise than 
hers. The fact is unchangeable. The armistice is her work, and 
the honor of it belongs to her. It was her work, because it was 
done by a public servant who, in doing it, considered himself 
merely as doing what her spirit, her will, required that he should 
do. True, he considered himself also as doing nothing but what 
was required by due conformity with the intentions and strong de- 
sire of another of her public servants, the highest in authority, and 
the proper organ for the manifestation of her will. But, even al- 
though he should have been mistaken on the latter point, this can- 
not affect the truth in regard to her. It was her work, because it 
was the honest fruit of her honest desire for peace, operating 
through the bosom of the servant by whose hand the work was 
done. And the occasion afforded proof, too, of the high tone of 
the patriotism which animates that bosom, and of its superiority to 
the suggestions of party rancor or of "party calculation. He knew, 



[52] 



248 



as well as any one knew, the perilous position of the administra- 
tion, and of the democratic party, 4 with reference to this subject. 
No insight was clearer than his into the nature of that peril, and 
into the indispensableness of peace, of early peace, to avert it. At 
the same time he felt, keenly felt, the many wrongs which he con- 
sidered himself as having suffered at the hands of that administra- 
tion; and, above all, he was indignant at what he considered as 
both the injustice and the ill-faith involved in the endeavor to sup- 
plant him after he had been sent here to carry out — as he has done, 
in so beautiful, and masterly, and glorious a manner — the plan of 
campaign devised by himself. But all this was nothing. His na- 
ture is too lofty, his perceptions of high principles too clear, his 
obedience to them too steady and habitual, to admit of his swerv- 
ing, under the influence of such feelings, from his line of duty as a 
servant of his country; and, governed as he was by this sense of 
duty, no servile tool of party could have been more earnestly or 
more anxiously solicitous to fulfil the wish, the all-engrossing wish 
of the administration, than he proved himself to be on this occasion, 
and on every occasion, when the fulfilment of that wish could be 
in any degree affected by aught which he could do, or which he 
could omit doing. 

The armistice was his own act, emphatically his own. It re- 
quired no advice, no argument, no suggestion from me. Had any 
such suggestion been necessary, the high estimate which, with every 
possible prepossession against him, I had been forced by stubborn 
facts to form of his character, w T ould have become greatly lowered. 
Had he under the circumstances of that crisis, as known to us both, 
omitted to enter into that armistice, I should have considered this 
omission as the cause of the indefinite protraction of the war; and 
although it might not, and probably would not, have had the effect 
of shaking the confidence which my knowledge of him had inspired 
in his patriotic intentions, I should have denounced it as such. 

And we had been duped! By whom? By Santa Anna! We had 
innocently put trust in the good faith of — whom? Santa Annal 
This is the "Union's" way of accounting for the armistice and the 
negotiation! This is the only explanation of the deep enigma 
which access to high sources enables the "Union" to afford to the 
: country! This is the conjecture which, with the aid of such lights, 
is deemed rational and probable with respect to the generalin-chief 
of the armies of the United States, and with respect to the agent 
employed by their government to execute a trust, w T hich, in the 
eyes of that government, was one of some importance! 

Rational and probable as it may be, however, it is nevertheless 
quite erroneous. Upon this stage, whatever may be thought of the 
matter at Washington, it would be difficult to find a person, how- 
ever low in understanding, with reference to whom such a conjec- 
ture would be deemed otherwise than indecent. Santa Annal 
The most notoriously., if not the most thoroughly unprincipled man 
whom this country holds; a man, in regard to whom it would be 
scarcely possible to find a woman or a child that knew r how to read, 
who could be made to believe that the most solemn asseverations 



249 [ 52 ] 

coining from him would be worth a straw. And yet, this is the 
man by whose assurances the American general-in-chief and the 
American commissioner were duped! However probable, it is all 
a mistake to believe that it so happened. No such proof of imbe- 
cility was given by either as to suppose for an instant that Santa 
Anna was capable of good faith for the sake of good faith, or that 
his word was to be trusted. And yet we did believe him sincere in 
his professed desire for peace. Why? For the samereason that aman 
who, when seen drowning, should be heard to express his desire for 
a plank, might, although he were the most notorious liar that ever 
existed, or that can be conceived to exist, even such a man might, 
under such circumstances, be believed to be sincere; and this with- 
out the believer's being a dupe. And if, upon the plank's being 
thrown to the drowning man, he should, in the bewilderment of the 
moment, fail to avail himself of it, and should go down in conse- 
quence, all this would amount to proof of insincerity on his part, 
or of imbecility on the part of the person who had believed him. 
It would be a proof of this, and nothing more — that he had lost 
his head, and become, from the circumstances of the case, incapa- 
ble of knowing how to act. Such precisely (as every one here 
saw, and as the event has proved) was the nature of Santa Anna's 
position, and such the ground and the sole ground of our belief 
that he was sincere in expressing a desire for peace. We believed 
this, because it was in the nature of things impossible that it should 
be otherwise; because nothing short of the most conclusive proof 
that downright madness had suddenly taken possession of him, in 
place of the calculating and sagacious selfishness for which he is 
proverbial, could have made any sane man believe that the bent of 
his mind could be on anything else save peace. That this actually 
was the case, as well as that it must be the case, everything con- 
spired to prove then, and everything has conspired to prove since. 

The sincerity of his desire proved itself — proved itself in every 
way in which the nature of the case rendered it possible that it 
should prove itself — by giving rise to acts which could not possibly 
proceed from any othtr motive. No such proofs were necessary, 
to satisfy any mind acquainted with his position and his utterly 
selfish character, and with the condition of the country; but still 
many such were afforded. 

No sooner had the armistice been entered into than he published 
the "Manifesto to the Nation," a copy of which was transmitted 
by me at the time. In this he asserts and demonstrates the inter- 
national obligation of listening to propositions of peace. Did he 
stop at that point? What he had done thus far did not require him 
to go beyond it. He could not have done so; it would have been 
just the reverse of craft and cunning; it would have been sheer 
imbecility to do so without an absolute necessity. Every pruden- 
tial consideration demanded that if the purpose which he then en- 
tertained required only a justification of the armistice, he should 
strictly confine himself to that topic. But he did not so confine 
himself. His purpose did require more — much more; for his pur- 
pose was to make peace. He had become fully convinced that peace 



[52] 



250 



was necessary, and that this necessity was urgent and immediate, 
not only for the good of his country, but for that which alone he 
cares about — his own good, his own safety. Thus convinced, he 
had made up his mind to act, to make peace; and for this purpose 
to cut the Gordian knot of constitutional questions, by assuming 
■whatever powers might be necessary. That such was his state of 
mind, that such was his determination, and that he then believed 
this determination to be fixed beyond the possibility of change, it 
is impossible to doubt, after reading the following passage — al- 
though, to feel the full force of the proof which it affords, it is 
necessary to be perfectly acquainted with the nature of his position 
and the state of the country at that precise moment. Passing from 
the armistice to what he considered as. certainly to follow the ar- 
mistice, he said: ii A perpetual war is an absurdity; because war is 
a calamity, and the instinct of self-preservation, which is even 
stronger and more powerful in nations than in individuals, recom- 
mends that no means whatever be omitted that may lead to an ad- 
vantageous arrangement. To adopt this course the constitution 
gives me competent authority. Consecrated to interests so noble 
and highly privileged," [that is, the interests of peace,] "it is my 
duty to maintain at all cost the respect and reverence due to the 
supreme authority with which I am invested. * * * * 

I will be yet more explicit: sedition and attempts at subverting the 
government shall be exemplarily punished." Thus, in defiance of 
the decree of the 20th April, and of any other decree or law, or 
constitutional provision; thus trampling under foot every obstacle 
which stood or which might stand in his way to peace; and thus 
conquering for the moment the chief obstacle of all, (and the one 
before which he finally quailed,) his dread of those at whom these 
last words are aimed, and whom they threaten with his avenging 
power; thus did he proclaim his irrevocable resolve to take the 
whole matter into his own hands, and announce that he was then 
acting in pursuance of that resolve. 

Is such a course as this (on the part of a man of his base stamp 
particularly) reconcilable with the' crude notion which constitutes 
the germ of what I have called, and call again, (knowing no other 
name for such stuff,) the balderdash, the unworthy, the disgraceful 
balderdash, with which the " Union" has insulted the intelligence 
of our country upon this subject? Where is the man who is able 
so far to blind himself as not to see that, if no other proof existed, 
this manifesto stands there as a substantia] reality, the existence of 
which is absolutely irreconcilable with any such belief as that the 
armistice was a mere trick of Santa Anna's, to gain time 1 with any 
such belief as that he did not then intend to make peace 1 with 
any such belief, even, as that he possibly could, at that moment, 
have believed otherwise than that peace was immediately to take 
place ? 

Again, take his appointment of commissioners. Whom did he 
select for this office ? His own tools, who would do whatever he 
might bid them do in the way of chicanery and cheatery? No! 
He selected men of the very highest standing, from the ranks of 



251 [ 52 ] 

the party which had always been opposed to him : men, two of 
whom were among the few openly-declared friends of peace in the 
country, and every one of whom — so great was their aversion to 
have anything to do with him, or with public affairs whilst he held 
the reins — it was a matter of extreme difficulty to prevail upon to 
act. With respect to these commissioners I will here repeat a 
passage contained in my last despatch, under date the 27th 
I ultimo. 

"Before quiting the subject, I will call attention to the letter of 
Don Vicente Romero, contained in the ' Razonador' of the 13th 
instant. It was the reading of this letter in Congress, on the 4th 
instant, by Don Eligio Romero, son of the writer, as the ground 
for the motion with which it concludes, that gave rise to the state- 
ment mentioned in my despatch No. 20, respecting General Mora 
y Villamil. The Romeros are both ultra puros. The father was 
a member of Santa Anna's cabinet, as minister of justice, at the 
time when the negotiation took place. The letter, it will be per- 
ceived, concludes its attack upou the Peiia y Pefia administration, 
by saying: 'and, in fine, General Mora y Villamil is the person 
appointed to the post of minister of war ; he who has been the 
avowed apostle of peace; and so decided in this character, that, in 
a meeting of the cabinet, of which I was a member, he said (he 
being at the time one of the commission appointed to receive pro- 
positions of the envoy of the north) " that he had been for many 
years in favor of peace; and that this ought to be made by adopting 
the propositions made by Mr. Trist :" in which, let it be known, by 
the by, the other commissioners (Couto and Atristain) concurred, 
except Senor Herrera, who did not say a word.' 

" The fact here published to the world by a member of Santa 
Anna's cabinet was previously well known (as such a fact could 
scarcely fail to be) to all the initiated here ; and that this was the 
disposition of the commission, of the whole commission, was, indepen- 
dently of what had passed in the cabinet, known to their confiden- 
tial friends. In addition to this fact I will state another, one of 
many of the same complexion well known in the select political 
circles here, to wit : that so late as late in the night of Saturday, 
the 4th of September, Santa Anna was still undecided whether he 
would not give to those very commissioners whose opinions had 
thus been declared in full cabinet, a carte blanche to negotiate with 
me such treaty as they might deem proper." 

To this latter fact, I have an amendment or addition to make 
here. Santa Anna's state of hesitancy ended in a determination to 
give the carte blanche, and a letter to that effect was actually 
draughted by the Secretary of State, after 3 o'clock, p. m., on Sun- 
day, the 5th of September. This was the state of things when 
Santa Anna was again made to waver by the interference of a per- 
son already mentioned, in former despatches, as the one who had 
been chiefly instrumental in alarming him at the treaty. After 
this, he could not again be prevailed upon to come up to the mark. 
In my despatch giving an account of my last meeting with the 
commisssioners, on the 6th of September, I mentioned the circum- 

i 



[52] 



252 



stance of their having come out in great haste, several hours after 
the time appointed, bringing with them only the rough draughts 
of the counter-project and the communication accompanying it. 
Those papers had just been prepared. The question whether our 
projet was to prevail had remained in suspense until that mo- 
ment. 

Thus near had we come to the attainment of our object! Thus 
nearly had the restoration of peace to our country come to pass, 
as the consequence of that armistice and negotiation, in which, 
through the atmosphere of Washington, nothing could be seen save 
a trick of Santa Anna to gain time, and, on the part of General 
Scott and myself, imbecility the most egregious. 

No ! there was no deceit practised upon either General Scott or 
myself. There were, it is true, two dupes in the case: but both 
were the dupes of their own characters — of what passed within 
their own bosoms, their own hearts, and their own heads — of the 
moral obliquity which renders them most extraordinary twin phe- 
nomena; although these phenomena present one most remarkable 
difference, to wit : that whilst the production of the one is most 
easily accounted for by natural and obvious causes, the other is 
altogether incomprehensible, for the very reason that the circum- 
stances under which it was produced — the circumstances with 
which our happy country environs every man born and bred within 
her bosom — are adverse in all respects to the production of such a 
character. 

Of these two dupes, the one was Santa Anna; the other, a most 
worthy compeer of Santa Anna, so far as he can be made so by the 
same low craving for distinction, and the same happy facility in 
deviating from the ways of truth, and in being deaf to the dictates 
of common justice and common honesty, while pursuing his object; 
a person, in fine, whose character, in regard to the reach of his 
mind, and the tone of his mind was most felicitously and 
accurately sketched by a friend of mine in these words: "It 
is such as to qualify him for shining at a country court bar, 
in the defence of a fellow charged with horse stealing; particu- 
larly if the case were a bad one, and required dexterous tampering 
with witnesses." 

These two were the dupes in the business, and the only dupes; 
the only dupes here, at least; for I cannot pretend to say how 
many each of them may not have made elsewhere. Of the American, 
1 may have, I shall have, I know, more to say hereafter. Here, I 
will confine myself to the Mexican. 

Santa Anna, then, was a dupe in more than one particular: he 
was the dupe of his suspicions, the dupe of his hopes, the dupe of 
his fears, and, finally, my dupe, although very innocently and un- 
intentionally on ray part. Of his suspicions, inasmuch as he al- 
lowed himself to be brought to believe that the armistice was, on 
our part, a mere trick to "gain time" for reinforcements to arrive, 
a trick on our part, just precisely a match for, the very twin brother 
of, the one on his part, which our country has been given to under- 
stand by the "Union," that General Scott and myself had proved 
ourselves such arrant imbeciles as to be taken in by. Of his hopes, 



253 [ 52 ] 

inasmuch as he allowed them to flatter him always with the possi- 
bility that the next conflict might prove favorable to the Mexican 
arms; and that the national honor being thus vindicated, he should 
be enabled to- make a treaty with far less risk to himself. Of his 
fears, inasmuch as he allowed them to make him believe that there 
would be less danger in abandoning than in carrying out the bold 
determination which had dictated his manifesto, and an unflinching 
adherence to which — as the event has proved — could alone save 
him, as it unquestionably would have saved him, for the time, at 
least, and very possibly forever. 

The manner in which he came to be my dupe was as follows: 
while at Puebla, I had been approached — not on the part of Santa 
Anna, but of a foreigner deeply interested in the restoration of 
peace, and exceedingly active in his endeavors to bring it about — 
by a person whose object was to obtain some idea of the terms to 
which it was necessary to reconcile Santa Anna. He touched upon 
the territory between the Nueces and the Bravo as being the point 
of greatest difficulty; and my answer was to this effect: "I can say 
nothing about the boundary until the negotiation shall have been 
opened; but let them take this step, and they will find that our 
terms are not so bad, perhaps, as they expect." This person, as I 
discovered after the negotiation had commenced, left me, impressed 
with the idea that the Rio Bravo would not be insisted upon; and 
this impression being communicated to Santa Anna, he was greatly 
influenced by it in venturing upon taking the position which he 
did in his manifesto. Upon discovering the mistake he was greatly 
alarmed and incensed. 

One more point I will touch upon under this head: the terms of 
the counter -pro jet. Here, in truth, was a trick, and a trick of Santa 
Anna's; but it was not practised upon or against us — his own coun- 
try was the object. It was never expected that this counter-pro- 
ject would be considered by me — would engage my.attention for a 
moment. The time when it was presented proves this conclusively; 
for it was not produced — it was not written — until the 6th of Sep- 
tember, when all idea of peace had been abandoned. This paper 
was but a part of Santa Anna's store of ad captandum "material," 
which, true to his character, he had begun to provide himself with 
from the beginning, to meet the possible contingency of a failure 
of the negotiation; in which event, it would be necessary for him 
to be able to prove, that, notwithstanding his having consented to 
negotiate, he had been as strenuous in upholding the interests and 
honor of the country as the most ultra of his assailants could have 
been. This character is so deeply stamped upon the entire series 
of documents, (which, be it remarked, he lost not a moment in 
publishing and scattering all over the republic,) that it would be 
as easy in our country to find a man unacquainted with the taste of 
table salt, as to find here a person of tolerable intelligence who 
would require more than a glance to see into the whole proceed- 
ing; to see that there is nothing in it but the thread-bare trick of 
political mountebanks, to hide up the truth under a great show of 



[52] 



254 



"official" falsehoods, prepared before hand, to be suppressed or to 
be produced, according as circumstances may require. 

But, in respect to this also, as in regard to everything else, the 
telescope proves itself to be an inverting one. While the real, 
bona fide intention, (it may not be an unnecessary precaution, here, 
to protest against my use of this term being taken as a proof of 
idiocy, by being construed into an admission on my part that it is 
■within the bounds of possibility, that Santa Anna should ever act 
in good faith, according to the true and proper sense of the words; 
that is to say, good faith for its own sake,) while this real bona fide 
intention to make peace converts itself, for all eyes viewing mat- 
ters through that telescope, into a shallow trick, the shallow trick 
now under consideration, converts itself into an expression of real, 
genuine bona fide intentions. Nay, it puts on dignity, high dig- 
nity; dignity enough to make it worthy of arousing the sense of 
dignity of our government; dignity enough to require our govern- 
ment to become careful, and solicitous, and alarmed about what 
the poor Mexicans are so often heard to talk of under the name of 
"pundonor." To this extent, nothing short of it, goes the trans- 
formation! The pitiable expedient of a miserable, trembling fac- 
tion to save itself, to prolong its miserable existence by practising 
upon the stupid ignorance and playing upon the imbecile pride of its 
own country, this stuff transmutes itself into something which can 
touch and wound the dignity of ours. 'Tis true, the faction from 
which the trick proceeded had actually terminated its existence, and 
become fugitive and outcast, scattered to the winds, before the power 
of the printing press, prompt and rapid as it is, could be brought into 
play to make the trick effective; before the power of steam could 
carry the thing to the press in the nearest part of the United States. 
But this did not alter the case: the "terms proposed" — proposed 
in the sense I have stated, and in no other — were derogatory to the 
honor of our country, and she must bristle up. Yes! our country, 
the United States of America, must bristle up! Just as she would 
do if derogatory teims had been proposed, in the most deliberate 
and solemn manner, by England, or France, or Russia. And 
against whom must she bristle up? Against whom must she feel 
indignant and resentful? Upon what object must her high wrath 
be poured, and the sin of that faction be visited? Upon Mexico! 
Upon unhappy, distracted, faction-torn, helpless Mexico! She is 
the being with respect to whom the United States of America must 
be vigilant and jealous of the high pundonor! Her unhappy inhabi- 
tants — for they cannot be called a nation — her helpless inhabitants — 
no wish lay so deep at the bottom of their hearts as the wish to see 
that very faction broken up and scattered as it has been. It spoke 
not their will, it had no sympathies with them; it was their op- 
pressor, their worst enemy; its destruction would be to them deliv- 
erance. But, on the eve of its downfall, it had made derogatory 
proposals! Such proposals had actually been written down upon a 
sheet of paper, and that paper had actually been handed to a com- 
missioner of the United States of America! The pundonor conse- 
quently had been touched. And what? Let my country give the 



255 [ 52 ] 

answer. When the truth shall have become known to her, 
and she shall have bestowed one thought upon it, let her say 
what are the feelings on her part which become her civiliza- 
tion, her intelligence, her position of pride among the powers of 
the earth. 

Alas, alas, alas! My national sensibility has, I confess it, been 
outraged. My pride of country — and but few of Ker sons can be 
prouder of the title — has been touched to the quick, wounded in 
its very core. But my pride of country is not of the right sort, 
perhaps; for the indignation which it causes me to feel, directs it- 
self to what may be the wrong quarter. Most certain am I that 
the feeling which preceded it was mortification, not anger. 

Here concludes what I have to say for the present — and I trust 
I shall never again be under the necessity of touching the subject — 
under this last of the four heads into which it has divided itself. 

It had been my intention, on commencing this communication, 
to limit it to those four heads: that is to say, to an explanation 
of the reasons by which I have been actuated in taking the deter- 
mination which now keeps me in this country. But, whilst en- 
gaged in this task, my mind has necessarily reverted to the whole 
series of events in which I have taken part, embracing the offer 
made by me to the Mexican negotiators. Whilst this topic is fresh 
in my thought, I will, to enable me to dismiss the entire subject 
at once — and I hope forever — enter into the explanations which 
that offer requires, in order that a just opinion may be formed re- 
specting it. 

In my last despatch, after acknowledging the receipt of the com- 
munication recalling me, I said: 

"On a future occasion, perhaps— should I ever find time to em- 
ploy on a theme so insignificant with respect to the public interests, 
and so unimportant in my own eyes as regards its bearings upon 
myself personally — I may exercise the privilege of examining the 
grounds for the censure cast upon my* course by the President, 
and explaining those upon which rests the belief, still entertained 
by me, that that course was calculated to attain the end contem- 
plated by our government, and was the only one which afforded 
the slightest possibility of its being attained: the end, I mean, of 
bringing about a treaty of peace on the basis, in all material re- 
spects, of the projet entrusted to me. For the present, I will 
merely call attention to the fact, that a mere offer to refer a ques- 
tion to. my government constitutes the only ground on which I can 
be charged with having 'gone so far beyond the carefully considerd 
ultimatum to which [I was] limited by [my] instructions.' 

"Whether this offer, under the circumstances and prospects of 
the crisis when it was made, was wise or unwise — wise or unwise, 
I mean, with reference to the end desired by our government — is 
a question which no longer possesses any practical importance; 
though the time was when it constituted with me a subject of the 
most careful and the most anxious deliberation, not because of the 
personal responsibility attaching to the decision in which that de- 
liberation resulted — for that never occupied my mind for an in- 
stant — but because I knew, and I felt, that upon my decision de- 



[52] 



356 



fended, according to every human probability, the early cessation 
of the war or its indefinite protraction. The alternative presented 
by the position in which I found myself was, on the one hand, to 
keep on safe ground, so far as I was personally concerned, and 
destroy the only possible chance for peace; on the other hand, to 
assume responsibility and keep that chance alive, with some pros- 
pect, at least — and, all things considered, as perhaps I may here- 
after take the trouble to show, by no means a prospect to be 
despised under such circumstances — that the adoption of our projet 
might come to pass." I 

At the time when this was written, I had no idea that I should 
ever occupy the position in which I now stand. I considered my 
connexion with this whole subject and with public affairs gene- 
Tally (except as a citizen) as having terminated forever; and re- 
garding the question, therefore, as devoid of all practical import- 
ance to our country, I deemed it improbable in the extreme that I 
should ever allow myself to be tempted to waste upon it any por- 
tion of the time which I am provided with full occupation for, 
during the remainder of my life, upon numberless topics, the inves- 
tigation of which is to me a pleasure, that nothing but the active 
duties of life has power to draw me from. But the state of the 
case is now entirely changed in this respect. In consequence of 
the determination upon which I am now acting, the question has 
again become one of direct practical importance to our country: 
for it has a forcible bearing upon the question presented by that 
determination; so far, at least, as regards my fitness or unfitness, 
as manifested by past events, to form determinations of this nature, 
and consequently, so far as regards the probable complexion of 
the results which may be expected in this instance. If in the for- 
mer case — one of some difficulty, certainly — my decision was really 
not a stupid one, but the reverse; if it was not calculated to in- 
jure, but, on the contrary ,.was calculated to advance the cause 
which it was intended to promote, then will this afford a presump- 
tion, at least, that I am not acting stupidly or mischievously now. 
And vice versa, should that decision, upon an attentive considera- 
tion of the grounds on which it rested, appear still to have been 
unwise, this will afford a presumption that my present course par- 
takes of the same character. In this respect, therefore, the subject 
is one of immediate practical interest at the present moment. 

The question is, whether the offer made by me was wise or un- 
wise, with reference to the end desired by our government: this end 
being the early conclusion of a treaty, on the basis of our projet in 
all material respects; that is to say, so far as regarded boundary, 
amount of compensation, and the principles involved in the minor 
details. 

What were the circumstances and prospects under which it was 
made "? This question is, to a great extent, answered by what has 
been stated above, under the four heshds. It has there been seen, 
in part, on what grounds rested my conviction that Santa Anna 
was earnestly and anxiously disposed to peace; that the renewal 
of hostilities would inevitably result in the dissolution of the fede- 



257 [ 52 

ral government; that the formation of another federal head 
improbable in the extreme; that even supposing one to arise, its 
character, with respect to the restoration of peace, was altogether 
problematical, and the chances very greatly on the side of its be- 
ing adverse. 

On the other hand, should the armistice be prolonged, these re- 
sults, would, in all probability, follow: Santa Anna's position, 
with respect to his own countrymen, would become stronger and 
stronger every day. Ever; supposing the causes which had made 
him recede from the determination which had produced his mani- 
festo to remain in full force, his means of self protection, whilst 
acting in defiance of those causes, would augment. His nerves 
would have time to recover from the shocks they had received from 
protests on the part of the State governments, and arguments and 
warnings on the part of individuals, which had been pouring- 
in upon him ever since the rumor of an armistice had gone abroad; 
and which proved how vivid was the apprehension, and how ex- 
tensively it prevailed, that he was about to make peace. But the 
causes just referred to could not remain in full force. To say no- 
thing of the means he would himself employ for diminishing them, 
their diminution could not but happen in a way altogether inde- 
pendent of him. The moderado party, which heretofore had kept 
entirely aloof from him, and had never taken any part in public 
affairs except in opposition to him, now found themselves com- 
mitted in a very great degree to give him their support, so far as 
this might be necessary for the restoration of peace. That party 
~had long wished for peace, and the chief cause which had deterred 
them from active exertions to bring it about was the fear that, if 
made while he was at the head of affairs, it would confirm and per- 
petuate his power. While he had been waiting for an opportunity 
when it might be made with advantage to himself, they had been 
waiting in the hope of seeing his downfall. But now, four of the 
leading men of this party had committed themselves irrevocably to 
the cause of peace, even although it should be made by him. They 
had gone so far even as to commit themselves in favor of the ac- 
ceptance of our proj£t; and this fact — as is proved by Romero's 
letter — was known to their political enemies. At the head of these 
four men was General Herrera, the favorite candidate always of 
the moderado party, and of the people, for the presidency, as is 
proved by his having repeatedly been elected to that office. He 
is at this time the President elect, by a perfectly fair constitutional 
election, and is to come into office early in January. From this 
resulted a strong probability that the influence of the whole party 
would immediately begin to exert itself actively in favor of peace. 
What, then, did I expect from the offer made me % In the first 
place, this offer, if accepted, would commit the Mexican govern- 
ment, commit Santa Anna, commit the commissioners — officially 
commit them all — to eve f principle involved in the treaty; to the 
principle of alienating their territory; and, in a very great mea- 
sure, to the alienation of that territory to the extent demanded by 
us. Beyond this, I expected, Jirtt, that the answer from Washing- 
17 



[ 52 ] 258 

ion would be a, peremptory refusal to accede to this modification 
nof the boundary : a refusal which — even if matters here should then 
remain precisely as they had stood when I made the offer, and none 
of the highly piobable changes in favor of the cause of peace 
should then have occurred. — would at least be attended with the 
effect of conclusively satisfying them that, the determination of our 
government, on this point, was wn chaw geabl e ; an effect which, con- 
sidering my long absence from Washington and all the circum- 
stances of the case, could not possibly have resulted from any de- 
gree of inflexibility on my part; for this would naturally be ascribed 
to timidity about departing from instructions. I expected, second- 
ly, that when this answer should be received from Washington, the 
state of things here would be infinitely more favorable to the con- 
clusion of a treaty; and that Santa Anna, thus encouraged, would 
have recovered entirely from the agitation which had unmanned 
him, would have become restored to and confirmed in the determi- 
nation which had produced his manifesto, and would adopt our 
projet. 

This is what I expected, as the almost certain result of the ac- 
ceptance of my offer. But, without believing my judgment infalli- 
ble — and the weakness of my understanding does not go to any 
such extent^-I could not feel absolutely certain that our govern- 
ment would give such refusal. My conviction in regard to the de- 
gree in which the restoration of peace was desired at home, by the 
country, by the government, by the democratic party especially — 
on broad grounds and on narrow grounds; my convictions in re- 
gard to the degree in which the restoration of peace was desirable 
to our country — these convictions all came upon me in full force. 
I recollected, too, that the establishment of a " desert" boundary 
had once been a favorite idea with a portion, at least, of our states- 
men. Influenced by these convictions and this recollection — inde- 
pendently of the positive advantage which the prolongation of the 
armistice offered, as has just been explained — I felt it to be my 
duty to afford to our government the opportunity of determining 
for itself, whether, under existing circumstances, it would or would 
not be advantageous to our country to accede to this modification 
of the boundary, rather than protract the war indefinitely. What 
■would have been my feelings as a servant of the government, as a 
citizen, as a man; what would have been ray feelings, had I, at 
such a crisis as this, opened anew the dread flood-gate of war, and 
afterwards discovered that the chance for the restoration of peace, 
thus destroyed by my cowardly and imbecile selfishness, would 
have been acceptable to our government? 

With ragard to the military consequences which would have at- 
tended the acceptance of my offer, th< se would not have dtterred 
me from making it, even if the probability as to them had been, to 
a certain extent, unfavorable to us; that^s to say, if it had seemed 
probable that the difficulty of taking the ciiy would be greater at 
the expiration of the forty or forty- five days, than it thei-; was. 
For, even in this case, 1-should have been govmud by the consid- 
eration that the object for which our army had been sent heie — the 



259 [ 52 ] 

object for which all the blood and treasure thus far poured out 
had been poured out — was peace. And bearing this in mind, as I 
have constantly done — and as General Scott has constantly done, 
to his eternal honor, let it be repeated ! — bearing this in mind, it 
struck me as absolutely incompatible with the motive for the ex- 
penditure of all that had been expended, that a good chance for 
peace, and for preventing all further effusion of blood, should be 
thrown away, rather than incur the mere risk of slightly increasing 
the difficulty of the next step in the prosecution of hostilities, should 
the necessity for their renewal occur. 

This is the view of the subject by which I should have been 
governed, even on the supposition I have made. But that suppo- 
sition is the reverse of the truth. The military consequences of 
the prolongation of the armistice would have been advantageous 
to us in a high degree. To say nothing of the chance of reinforce- 
ments, the effective strength of our army could not but increase by 
the recovery of the sick and wounded, who were now, under cir- 
cumstances highly favorable to them, occupying positions far 
healthier than the city, at that season particularly. Towards the 
end of October the heat would have become far less, the dry sea- 
son would have set in, and the roads would have become dry and 
firm, and the artificially flooded lands would, to a great extent, 
have become so likewise. 

The only evils in the opposite scale, mentioned in the President's 
criticism upon the proposed prolongation of the armistice, are, that 
it would "have afforded the Mexicans an opportunity to recover 
from their panic, to embody their scattered forces and prepare for 
further resistance." These evils had, I confess, very little weight 
with me. This opportunity had, to a far greater extent, and under 
circumstances immeasurably more advantageous to its being used 
effectively, been afforded them by General Scott's forced detention 
at Puebla, through his numbers there being kept down below one- 
half of the force which, according to his plan of campaign, was 
necessary to insure its success, and which it had been promised that 
he should have. And yet, what had been the result? Let Contre- 
ras, and the events which followed on the same day, give the an- 
swer. These had certainly not been of a nature to diminish the 
mental impressions made by Cerro Gordo; and they served also to 
prove of what great .worth it was to them to recover from their 
panic, even supposing such recovery to take place whilst they 
were in the immediate presence of the terrible men whose utter 
recklessness of life — for this was their own way of talking of them 
— they had just had such a specimen of. As to the embodiment 
of their scattered forces, this had already taken place, as far as it 
was possible that it should happen. There were no more troops 
anywhere to embody. Upon this point there was no difference of 
opinion among the most intelligent and best informed foreigners in 
the country; a class of men w ho are receiving every day letters 
from every point of the compass, which keep them constantly in- 
formed of every thing that is going on, civil, political, or military, 
for such is — for reasons that aie perfectly obvious — the natural aud 



52] 



260 



regular complexing of even commercial correspondence in a country 
so constantly convulsed as this. 

With respect to what else might come under the general head, 
" prepare for further resistence," this limits itself to the strength- 
ening of fortifications; and these were already so strong that they 
could not be made stronger; so perfect and complete everywhere, 
that, save i trifling finishing off here and there, nothing could be 
done to them, except to carry them, as no one doubted that our 
troops would do the first time they undertook it, although, for the 
reasons above stated, it would have been a somewhat easier and a 
far more comfortable and less dirty job — in the way of mud and 
water I mean — late in October, than early in September, notwith- 
standing the fact that we were favored by the weather to a degree 
which the oldest inhabitants would have pronounced impossible. 
The detention of our army at Puebla had left the Mexicans noth- 
ing to desire in the way of time. On the contrary, time was now 
a burden to them, owing to the daily increasing difficulty of com- 
manding means to subsist the troops collected here. This was to 
them a most serious evil, and a cause of constant disquietude. I 
have omitted to mention it among the military advantages which 
would have resulted to us from their acceptance of my offer, be- 
cause, although it would have been a real advantage in this point 
of view, it would have been a most serious evil with reference to 
the object for which I made that offer — peace. In this regard there 
was nothing which gave me more, or even so much uneasiness as 
the prospect of the army's disbanding itself, and of Santa Anna's 
being thus left without the kind of support on which alone he 
could ever rely for any purpose, and the continuance of which 
was absolutely indispensable to his making that treaty of peace 
which constituted the object for which our army had invaded Mex- 
ico, and now found itself at the gates of her capital; and which, 
at that time, no human being here considered as being possible, 
except at his hands. 

On the question as to the value of the prolongation of the armis- 
tice to the Mexican side, Santa Anna may be admitted to be a tol- 
erably good judge. He knew better than any one else — his bit- 
terest enemies would readily admit this — what use could be made 
of forty or fifty additional days, whether in the way of curing his 
officers and men of the panic disease, or in the way of embodying 
troops, or in any other way of preparing for further resistance. 
And what did he think on the subject? He thought that the mea- 
sure would be attended with military advantages to us, so impor- 
tant and so perfectly obvious that he at once pronounced my offer 
to be, not a diplomatic trick on my part, but a military trick, orig- 
inating with General Scott; and so barefaced a one too, that he 
<was incensed at the insult to his understanding, and to the military 
qualifications on which he prides himself, and which, in the way 
of preparation at least, are certainly great; for in this line he has 
truly accomplished wonders. This notion took such complete 
possession of him that it was of no use to combat it; and it sensi- 
bly increased the bitter personal animosity — strongly contrasting 



261 [ 52 ] 

with the feelings he evinces towards General Taylor — which he 
has conceived towards General Scott. He would not hear of my 
offer. The question upon which his mind vascillated was not the 
adoption or rejection of that offer, but the adoption of the ultima- 
tum of our project, that is to say, the giving of a carte blanche to 
the commissioners who had in full cabinet council — although it is 
due to them to say that nothing of the sort was ever intimated to 
me — declared themselves in its favor. 

The contents of the despatch from the department, devoted to 
the subject of this offer, may be comprised under two heads: first^ 
the reasons which would have determined the President's mind 
against acceding to the proposed modification of the boundary; 
secondly, " his profound regret" that I should have made the offer; 
and his " opinion" that the prolongation of the armistice, as con- 
templated by me, " would have been truly unfortunate." 

Upon what comes under the first head, I will remark, that even 
if those reasons had constituted objections, which, from the very < 
nature of things were absolutely insuperable; and if, from my 
knowing myself to possess an absolute infallibility of judgment, I 
had known with absolute certainty that they were insuperable; 
still, even on this supposition, they would have constituted no rea- 
son whatever against my making that offer. Viewed with reference to 
the considerations which governed me in making it, those objections, 
and all possible objections which would be brought into the same 
array, are seen at a glance to be absolutely irrelevant to the ques- 
tion whether that offer was a proper and a wise step on my part, 
or the reverse. 

I will remark, further, that strong as they are, and although they 
might and probably would have exercised a decisive influence upon 
my own mind, as a citizen and voter of our country, on the ques- 
tion of acceding or not acceding to the proposed modification of 
boundary; still, these objections do not present to my mind the 
least semblance of being absolutely insuperable from the very na- 
ture of things. On the contrary, there is not one of them which I 
cannot conceive of as being readily surmounted, obviated, and 
cleared away, without the violation of a single principle, and with- 
out wrong to a single human being; and consequently, as being 
very properly cleared away, if the«welfare of our country required 
it. No one, certainly — unless he pretend to know all things, future 
as well as present — can assert the absolute impossibility of a com- 
bination of circumstances, uider which — even in regard to an an- 
tagonist so entirely at our mercy as Mexico is — the importance of 
peace to "ur country might be so great as to justify sacrifices even 
greater than any, that would have hsen involved in foregoing every 
advantage and removing every difficulty referred to in your des- 
patch. And whether the state of things in which our country did 
find herself at that precise moment was or was not of this charac- 
ter,' was a question which — independently of the other considera- 
tions which actuated me in the course I took — I deemed it my duty 
to secure to her government the opportunity of deciding for her. 

In the course of the observations which I have referred to this 



[52] 



262 



head, the country between the Nueces and the Bravo is spoken of 
as if it constituted absolutely and irrevocably a part of Texas. 
This point, as I have before said", is altogether irrelevant to the 
question whether I acted right or wrong in making the offer I did. 
Nevertheless, I will bestow upon it the passing remark, that if 
there be any correctness in this view of that mattei , then am I al- 
together incapable of understanding any of the great principles 
which lay at the foundation of international law. According to 
the notions, such as they are, which I have acquired, consent — mu- 
tual consent — is, from the very nature of ihings, the only possible 
ground of a perfect right to any boundary; and, by the very terms 
of her admission into our Union, the right of Texas to the Rio 
Bravo, as a part of her boundary, was made to depend altogether 
upon such consent as might thereafter take place on the subject 
between the United States and Mexico, as, previously to her ad- 
mission, that same right had depended upon consent between Texas 
and Mexico. Whether Texas does truly possess "the same sov- 
ereign rights over it (the country between the Nueces and the 
Bravo) as over any other portion of her territory," is a question 
which depends entirely and exclusively upon consent between 
parties, of which Texas has ceased to be one. It is a question to 
which no possible acts of Texas, no possible acts of the Congress 
cf the United States, can be otherwise than entirely irrevelant, 
except through that consent; that is to say, except as constituting 
reasons and motives by which the precise character of that consent 
ought to be determined. 

In this connexion, it may be remarked that the proposition which 
I offered to transmit to my government, if it should be made to 
me, cannot with accuracy be said to have been a proposition that 
the United States should "surrender that portion of the State of 
Texas," *&c. Even if it had contemplated that the country in 
question should be recognized as Mexican territory, it could at 
most have been said to be a proposition that the United States 
should restore possession of that portion of the territory claimed 
by the State of Texas; for, by the very terms of the act admitting 
her into the Union, as well as by the principles of international 
law, the possession thereof is all that she can be said to have, until 
her boundaries shall have been ascertained in the manner which 
that act requires. But the proposition referred to did not con- 
template even that the possession of that country should be re- 
stored. It contemplated that Mexico, as well as the United States, 
should be precluded from occupying it. 

Passing to the second head, I will, in the first place#point out 
the logical error, and the injustice involved therein, of character- 
izing my offer as going "far beyond the carefully considered ulti- 
matum to which [I was] limited by [my] instructions." This 
phrase, connected as it is with an expression of the President's 
"profound regret," is expressive of strong censure on the part of 
my country, through her proper organ; whilst the idea which it 
conveys of the ground for that censure is both very indistinct and, 
so far as it is at all tangible, totally inaccurate. 



263 [ 52 ] 

The only fart which would correspond with this idea would be 
the fact that I had signed a treaty, or proposed to sign a treaty, 
varying from the ultimatum to which I was limited. No such fact 
has occurred. No such fact, even, has occurred as would be neces- 
sary to make the statement an accurate one that I had violated my 
instruction?, or departed from them in any way. Why'? Because 
the course which 1 pursued had no bearing of any sort upon any- 
thing contained in my instructions, either expressly or impliedly; 
because the alternative in which I found myself, and from which, 
there was no escape, was altogether unprovided for in my instruc- 
tions. For those instructions (and the same is true with respect to 
those under which General Scott acted) contained not even the 
remotest reference to an armistice; an omission which, considering 
the nature of the case, has struck me as being no less extraordinary 
than unfortunate. I was sent here to make a treaty within the 
limitations prescribed to me, provided the Mexican government 
should be disposed to make it. For this purpose I was placed at 
the side of the commander of our invading forces, and the Mexican 
government was informed of this fact. But suppose that it should, 
express a disposition to treat, and should ask an armistice for the 
purpose of hearing my terms, what was to be done then? Even 
on this point the commander of our army was left to act on his 
own responsibility entirely; not directed so to act, but left so lr> 
act; placed in a position in which he must take the responsibility 
of refusing or granting; and this without the remotest hint in re- 
gard to the considerations by which he was to be governed when 
placed in the alternative. And suppose the armistice to occur, and 
such a state of things to arise as that which did arise — a state of 
things which, so far as regarded the negotiation merely, is of con- 
stant occurrence in diplomatic transactions; that is to say, the treaty 
which I was authorized to make could not be made, but a certain 
approximation to it might be effected; — suppose this to happen, 
what was then to be done? Why, of course, acquaint your gov- 
ernment with the state of the case; this is the dictate of common, 
sense, and the constant practice accords with it. But, the armis- 
tice-, what is to be done meanwhile as to the armistice'? Suppose 
the continuation of this to be a matter of obvious and indubitable 
necessity to the preservation of even this chance for the restora- 
tion of peace; what is to be done then? Here is another alterna- 
tive. There is no escape from it. The armistice must be contin- 
ued, or it must be discontinued. A positive decision is called for. 
The question is not between acting and not acting, between moving; 
and standing still, between doing something and doing nothing^ 
between assuming authority or not assuming authority. The ques- 
tion is between doing one thing or doing the opposite thing. Such 
is the nature of the alternative. And here, also, did the comman- 
der of the army and the commissioner find themselves planted by 
the government in a position where they could not but take the 
responsibility of doing the one thing or the other; and this, as I 
said before, without the remotest hint in regard to the considera- t 
tions by which they were to be governed. 



[52] 



264 



Finding myself in this position, I made my election to the best 
of my judgment, governing myself by what I knew to be the end 
for which I had been sent here, and the spirit in which I had been 
sent. In making this forced and inevitable election, I cannot with, 
any accuracy be said to have violated or departed from, or trans- 
cended my instructions in any way; nor even to have assumed au- 
thority beyond the sphere assigned to me by those instructions. 
Above all, I cannot be said to have gone far beyond the ultimatum 
to which I was limited. 

The Presidehts's "opinion" that the prolongation of the armis- 
tice u would have been truly unfortunate," is expressed in the fol- 
lowing words: 

" To have arrested our victorious army at the gates of the capi- 
tal for forty or fifty days, and thus to have afforded to the Mexi- 
cans an opportunity to recover from the panic, to embody their 
scattered forces and prepare for further resistance, in order that 
in the meantime you might refer such a proposal to your govern- 
ment, would, in the President's opinion, have been truly unfortu- 
nate." 

Such is the u opinion," or, in other words, the decision or con- 
demnation, passed by the Chief Executive functionary upon the 
conduct of one subordinate to him. Infallibility of judgment, how- 
ever, is not among the attributes of a President of the United States, 
even when his sentences rest upon full and accurate knowledge of 
all the facts and circumstances on which their justice depends. 
Conformity to those decisions, so far as they have a bearing upon 
their respective fields of service, is all that duty requires on the 
part of subordinate executive agents. The convictions on which 
they rest, however honest and however mature, have no right to 
demand adoption, or to require an acknowledgment of their just- 
ness. It is the right of every citizen to examine into this for him- 
self. This right I have exercised with respect to the sentence 
passed in the present instance; not because of its bearing upon my- 
self, but for the reason that a full examination into its merits, and 
into the entire subject, was demanded by the highest interests of 
3ny country. 

The ill consequences here attributed to my offer, in case it had 
"been accepted, have already passed under review, and been seen to 
~be altogether illusory, altogether the reverse of those by which it 
was likely to be attended. I will here only remark, that to arrest 
a victorious army at the gates of the enemy's capital is not in it- 
self necessarily an imbecile or an unwise proceeding. The most 
that can be said in favor of the propensity to view it in such light 
is, that there is a prima facie presumption on its side, and that 
this advantage may give to the condemnation of the measure a 
strong hold upon the public mind, although it be in truth altoge- 
ther devoid of justice. A rational judgment upon its character re- 
quires an attentive consideration of a number of questions, which 
"vary according to the nature of the case. Among the inquiries 
pertinent to the present one, is the following: Why, for what pur- 
pose, was u our victorious army at the gates of the enemy's capi- 



265 [ 52 ] 

tal ?" Was conquest the end in view 1 or was it military glory 
and fame, for the army and its commander, and its country 1 This 
inquiry is fully answered by the solemn asseveration so often made 
by our government. It was neither conquest nor glory. Peace was 
the end aimed at. It was solely through the earnest desire of our 
country and its government for a treaty of peace, that our army 
had been sent into Mexico. Such being the object for which our 
army, " our victorious army," was " at the gates of the capital," 
it follows that to arrest it there, whether for forty or fifty days 
more, or for a longer period, would have been a wise proceeding 
or a foolish one, according to the 'probabilities which presented 
themselves with reference to its conduciveness or its adverseness 
to that end. Upon this question, the preceding pag«s shed some 
light. 

Throughout, I have proceeded on the assumption that peace, by 
means of a treaty, in harmony with what our government judges to 
be the just rights of our country, is the end, and the sole end, for 
■which hostilities are waged against Mexico. This conviction has 
governed me on every occasion, and it has constantly governed 
General Scott likewise. How entirely he has been controlled by it, 
may be judged by this one fact: on our departure from Puebla, he 
believed that as we should be descending the slope into this basin, 
•we should be met by an offer to treat, in which case it was his in- 
tention to halt the army at the first suitable place, and there await 
the result. He well knew what a harvest of glory had ripened 
for our army on this plain, for he never for an instant doubted the 
issue of the campaign, nor of a single conflict that has taken place; 
but his mind was made up, and cheerfully made up, to forego all 
this, when already within his grasp, in order to fulfil the desire of 
our government and our country for peace. 

But, most greviously would he have erred, if Major General 
Gideon J. Pillow is to be relied upon as an exponent of the views 
of our government. When the armistice was drawing to a close, 
this person, then the second in command of this army (/) took 
occasion to have a diplomatic conversation with a gentlemen be- 
longing to one of the foreign legations here, who, with expressions 
of surprise, repeated it to me directly after. General Pillow hav- 
ing expressed great disapprobation of the armistice, (which he had 
been in favor of before it was entered into,) had been answered by 
explanations of its indispensableness to negotiation. These ap- 
pearing not to have any weight with him, the gentleman in ques- 
tion was lead to say, li Why, I thought that the object of your gov- 
ernment in this war was a treaty of peace." "True," (replied Gen- 
eral Pillow,) " that is the object of the war; but the object of this 
campaign was, to capture the -capital, and then make peace." 

This was from the individual, then, as I have already observed, 
second in rank in this army, and who, in the event of the death or 
disability of General Scott, would have succeeded to the command! 
— an individual who gives himself out for the maker of the Presi- 
dent, (by having procured his nomination at the Baltimore con- 
vention,) and as the President's other self — a pretension which I 



[ 52 ] 266 

have reason to believe but too well founded. Justice towards 
Mr. Polk, and respect for truth, alike require, however, that I 
should not utter this belief, without at the same time expressing 
my perfect conviction that the identity referred to extends no fur- 
ther than the point to which it is carried by a blind confidence on 
the part of the President, in the understanding and the principles 
of a man who, of all that I have ever known, */s the most unworthy 
of confidence. Beyond this point, the identity goes not. There 
is not the slightest resemblance between their character in any one 
respect. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



[confidential.] Mexico, December 4, 1847. 

My dear Mr. : This letter will occasion you great 

surprise, but no greater than I should myself have experienced a 
few hours ago, had a seer, in whose prophetic powers I put faith, 
foretold to me that I was to write it. Down to that moment, I 
have, from the time when 1 last wrote to you, considered it as a 
thing fixed and unchangeable — as absolutely 'fixed as any thing can 
be — that the treaty of peace, which. I yet hoped might take place 
at an early day, was not to be signed by my hand. True, every 
time the subject presented itself to my. mind, my fears had become 
greater and greater that the opportunity would be lost. The criti- 
cal position of the peace party — whose difficulties and whose peril, 
as we fully know, cannot but augment with every revolving hour, 
until their object shall have been consummated — had seldom been 
absent from my thoughts; and every time it occurred to me, I be- 
came more and more deeply and anxiously impressed with the pro- 
bability that, through mere delay, through the mere loss of a i'ew 
weeks, all their efforts were to prove vain; that the incessant ex- 
ertions, the indefatigable industry, and the patriotic courage on 
their part, by which the present ftate of things has been brought 
about, were, after all, to result in nothing; nay, in something far 
worse than nothing; their own entire prostration and dissolution, 
through flat despair and death to the sentiment of peace, in every 
bosom which has cherished it. Still, although this has constantly 
been the state of my mind on the subject, I have never, until a few 
hours ago, for an instant wavered from the determination expressed 
in my reply to your letter; never once conceived the possibility of 
a change in that determination. So convinced had all become, 
that it was fixed, beyond the possibility of change, that all entrea- 
ties and arguments to move me had long ceased. Nevertheless, it 
now stands reversed. For good or for evil, this reversal has oc- 
curred, and has been made known in the proper quarter. I am now 
resolved, and committed, to carry home with me a treaty of peace, 
if the Mexican government feel strong enough to venture upon ma- 



267 [ 52 ] 

king one on the basis, as regards boundary, of the projet originally 
presented by me, modified according to the memorandum' which 1 
subsequently gave to one of the commissioners; that is to s;iy, 
running up the middle of the Rio Bravo from its mouth to the 
thirty -second degree of latitude, and thence along that parallel to 
the Pacific ocean; with free access to and from the ocean, through 
the gulf of California, from and to our possessions. 

If they feel able to make and carry through a treaty on this 
basis, it would be utterly idle to talk or to think for an instant of 
any other, and I cannot listen to a single word on the subject; let 
tlnm say the word, and- the treaty shall be made. 

If they do not feel thus able, let them surrender at once to the 
Puros, and dismiss forever all thought of a treaty; for it is the last 
chance that Mexico can have for one equally favorable to her, or 
indeed for one which any party in this country can accept. I am 
fully persuaded that its terms would not, by any means, meet the 
views now entertained by my government. So decided is my belief 
on this point, that even if I were clothed with discretionary pow- 
ers to make any treaty which I deemed compatible with those views i 
I could not consistently with this limitation offer the terms I now 
propose; and I should not now make the offer but for my clear and 
perfect conviction on these three points: First, that peace is still 
the desire of my government: Secondly, that if the present oppor- 
tunity be not seized- at once, all chance for making a treaty at all 
will be lost for an indefinite period — probably forever: Thirdly, 
that this is the utmost point to which the Mexican government can, 
by any possibility, venture. 

It is my conviction on the second of these points particularly — 
a conviction which has been becoming clearer and stronger every 
day for the last fortnight — that causes me to depart from the de- 
termination I had taken; a determination which, in any other posi- 
tion than the one wherein this most extraordinary, this altogether 
unprecedented combination of circumstances, places me with re- 
ference to the known wishes of my government and country — 
places, indeed, that very country itself — it would be so obviously 
sny duty to allow nothing to shake. In my last despatch home I 
represented the nature of the crisis, and recommended the imme- 
diate appointment of a commission. I then hoped that this step 
might be taken in time. I then considered that whether it should 
or should not so turn out, and whatever might be the consequences 
of its turning out otherwise, I had nothing to do but close my eyes 
to those consequences; for they had passed entirely beyond my 
control. I did so close my eyes, and I believed for the moment 
that? the subject was dismissed forever from my thoughts. But ever 
since then, the hope that the step referred to can be t.ken ere it 
will be too late, has been becoming fainter and fainter every day; 
and as it has thus waned, so have the consequences presented 
themselves under a more and more threatening and disheartening 
aspect, as they loomed up through the dim future in their as yet 
indistinct and ill-defined character, but plainly incalculable im- 
mensity. 



[52] 



268 



Thus has the question which your letter had raised in my mind, 
and which, on concluding my reply, I had considered as dismissed 
for once and all, again come up, and brought itself home to me. 
What is my line of duty to my government and my country, in this 
most extraordinary position in which I find myself? Knowing, as 
I do, that peace is the earnest wish of both, is it, can it be my duty 
to allow this last chance for peace to be lost, by my conforming to 
a determination of that government, taken with reference to a sup- 
posed state of things in this country entirely the reverse of that 
which actually exists? Upon full reflection, I have come to the 
conclusion that my duty is, to pursue the opposite course; and upon 
this conclu«on I have taken my stand. It remains to be seen 
whether the Mexican government can come up to the mark, and 
give effect to my resolve. u JVow or never'''' is the word; and I 
need not say to you that this word is uttered in all sincerity, and 
with as total an absence of all diplomatic reserves behind it as ever 
occurred in the most solemn vow pronounced by man. I have had 
no new instructions, no hint of any kind from Washington or else- 
where, in or out of the United States. The case stands in this res- 
pect precisely as when we parted. 



I am, &c, 



N. P. TRIST 



[No. 23. j Head-quarters of the U. S. Army, 

Mexico, December 20, 1847. 

Sir: In my last despatch, under date the 6th instant, the gover- 
nor of the State of San Luis Potosi is mentioned as dissentient, in 
the meeting of governors which had recently taken place at Quere- 
taro, from the determination there formed, to support the existing 
federal government in its peace policy. I had no idea, when thus 
alluding to this functionary that I was to be indebted to him for 
so striking a corroboration, as the one herewith transmitted, of the 
accuracy of what I have there stated with respect to the character 
and the intentions of that government, regarding the restoration of 
peace. 

I refer to this letter, under date the 24th November, addressed 
by him (Don Ramon Adame) to Senor de la Pefla, as minister of 
relations, and republished from a Toluca paper, in the enclosed 
number of the "Razonador" of the 18th instant. The pretext for 
this letter, as will be perceived, is to ask for a copy of the pro- 
ceedings at the conferences which the writer attended; which, re- 
quest being prefaced by a statement of what had occurred at those 
conferences, the whole is then published, in furtherance of the 
designs of his party; desigas which have been explained in my pre- 
vious despatches. 

The burden of his complaint, as will be seen, is, that at the very 
opening of the conferences the government established as a pre- 
liminary, that the meeting of the governors had been called solely 
for the purpose of advisement, and information, and not in order 



269 [ 52 ] 

that the course to be pursued by the government should be submit- 
ted to their decision, or be controlled by their views. He says: 
"The cabinet constantly insisted that, even if their votes should 
be taken, the result was not to be regarded as binding upon the 
government; and, having previously fortified themselves with ex- 
tensive reports, they precipitated the question, (in utter disregard 
of the point which had been raised,) by entering upon an exposi- 
tion of the objections to continuing the war, of the. embarrass- 
ments of the position of the country, and establishing definitively 
the necessity of making* peace; of making it in this very negotia- 
tion, now pending, as being the last opportunity, although this op- 
portunity afforded not the means of recovering the hour which has 
been irreparably lost." He complains that the convocation of the 
governors had not for its object even so much as to advise with 
them, inasmuch as the only purpose which it was made to serve, 
"was that u of establishing in their presence, and without calling on 
them for an official opinion on the question, the necessity of making 
peace. A judgment, on the part of the cabinet, so uniform as this, 
decided the question.'' 1 He states, also, that "in the course of the 
debate the ministry had manifested doubts as to the efficacy of the 
decrees of the States against an ignomi?ious peace, and as to the 
'value of that spirit, with which the country is palpitating, against 
consenting to conquest, or to a shameful peace.'' 1 

Again, he says: "Not only had the cabinet taken from the gov- 
ernors, or nullified, the very function which it had reserved to them, 
that of enlightening; but, satisfied wijh their own peculiar data. 
protected by those which might be afforded by that communication 
from Mr. Trist, and fully conscious that neither advice nor light 
was either practicable or desired, they put forward their own pre- 
determined and no longer doubtful vote in favor of making peace. 
This opinion so firm, this conviction so profound, of its necessiy, 
was at the same time attested by the resignation of the ministers' 
of relations and of justice and finance, if any other course was to 
be given to the negotiation. For myself, I did not choose at that 
moment to mortify the supreme magistrate, by an observation whicb 
went to demonstrate that a predetermined plan of proceMina- so in- 
vincible as this, placed him under subjection and deprived him of 
all liberty to pursue the path of public opinion.'''' 

Such is the account given by this governor , of the inflexibility 
manifested by the present federal government, in their determina- 
tion to make peace; to make peace in the only way in which it was 
practicable, by acceding to our terms. Thus substantial was the 
ground for the alarm with which the minds of the opponents of 
peace, were filled, at the moment when that alarm was suddenly 
turned into exultation by the news of my recall; or — to state, with- 
out any reference to myself, the cause by which this effect was pro- 
duced — by the news of the President's determination to withdraw 
ihis mission. This it is, that did the mischief; for my removal, 
had the change been limited to this, would have been a mere cir- 
cumstance. Not that it would have failed to occasion deep sor- 
row, and even alarm, in every bosom friendly to peace; for I do 



[52] 



270 



know — and so does every foreigner here, and so dees every person 
who knows anything about the matter — that these feelings would 
have been excited; but they would have been unattended with any 
important consequence; ihey might even have exercised a favorable 
influence, had my place been instantly refilled; for then my recall 
would have amounted, only to a manifestation of the displeasure of 
my government at the spirit of conciliation evinced by me — or at 
my want of judgment, or whatever else it may be called — and to a 
proof of the inflexibility of that government, in exacting a literal 
compliance with whatever it might deraand*bf this country. 

The blow then received by the cause of peace has, within a few 
days, been followed by another, scarcely less .severe, from Mr. 
Clay's Cincinnati speech and resolutions. All remark would be 
superfluous upon the tendency of these to shake even the firmest 
and most resolute friends of peace, in the conviction to which their 
minds had been brought respecting the absolute indispensableness 
of the sacrifice of territory involved in the acceptance of my offer. 
This conviction had become perfect, and I entertained no appre- 
hension whatever of its undergoing any change, except by becom- 
ing every hour more' and more deep and settled. But now, there 
are manifest indications of its having been shaken; and even if it 
should recover from this shock', and become as firm as ever — a sup- 
position which defies all probabilities — there would still remain the 
3olid ground, thus furnished by that eminent citizen of our coun- 
try, for bringing against any treaty which may be presented for 
ratification, the objection tha* the sacrifice which it makes is totally 
unnecessary. And should the treaty which I have offered to make 
be carried through, all those who may have taken part in it will 
forever remain exposed to the charge of having, without any neces- 
sity whatever for parting \\ r i t h any portion of their territory, how- 
ever sm^ll, surrendered one half of their country; a charge which, 
however unfounded it might in reality be, could never be refuted^' 
could never be otherwise than highly plausible, in the presence of 
such a declaration of views from a statesman of Mr. Clay's wide 
celebrity and immense influence. 

This is the position into which the peace party now finds itself 
thrown, by a shock proceeding from our country, at the very mo- 
ment when the object for which they formed themselves and for 
which they have been toiling, without remission, ever since the 
dissolution of the government in September last, was about to be 
consummated. Their sincerity and their steadiness of purpose thus 
far have placed themselves above question ; and the impression 
upon every mind acquainted with the facts which have been occur- 
ring, within the last few weeks particularly, has constantly 
strengthened, that peace was at hand; that, within a very shoit 
period after the assembling of the new Congress, early in January, 
the treaty would be ratified. What are to be Ll.e consequences of. 
this fresh blow lo the cause, is more than any human being can 
pretend to tell. Some deem it fatal; others are sill sanguine. 
For myself, I have had some moments of despondence, but they 
have beeu transient : \ snll see good reason to hope on still. At 



271 [ 52 ] 

any rate, the suspense will not be long : ten or twelve days more, 
and the question is at an end. 

The enclosed "Razonador." will be seen to contain also the pro- 
jet of a law presented by Sefior Perdigon Garay, a distinguished 
member of the puro party, and the mover of the articles of im- 
peachment against General Mora y Villamii, charging him with 
treason, which constituted one of the numberless manoeuvres for 
breaking down the peace party. The declared object of the pro- 
posed law is, "to establish during the war, and for the purpose of 
repelling the invader ," a certain body of troops, to consist of one 
man for every two hundred souls, and to be denominated " militia 
of the confederated States." By any one acquainted with the state 
of things here, its real object is seen, at a glance, to be the highly 
laudable one of taking advantage of this pretext for embodying 
and disciplining a body of citizen soldiers, as a security against 
their own enormously overgrown army of generals, who, so long 
as, the country shall remain at the mercy of their pronunciamentos, 
constitute a fatality, under which every element of good that it 
contains must continue to be smothered. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 

P. S — It is scarcely necessary to say, that the " communication 
from Mr. Trist," referred to by Sefior Ad a me, (and which he states 
- that the Executive declined to lay before the meeting of gov- 
ernors,) was my note to the Minister of Relations, under date 
October 20, transmitting my reply to the last communication from 
the Mexican commissioners. 



[No. 24.] Head-quarters of the U. S. Army, 

Mexico, December 26, 1817. 

Sir: In the enclosed numbers of the " Monitor Republicano" (a 
staunch and steady advocate of peace, it is to be borne in mind) 
of the 23d ami 24th instant, will be found an "exposition" from 
the deputies of the puro. party, which constitutes the last stand 
made by them — in the character, I mean, of members of the expir- 
ing "sovereign constituent Congress" — against the consummation 
ot the measure upon which the government is known to them, and 
to every one, and to be intent. Besides the interest attaching to 
it in this point of view, it is richly deserving attention from all 
who may be desirous ot understanding the real state of this coun- 
try, with reference to the question of peace : the real state of the 
country, of its heart and core, as contradistinguished from the 
merel) superficial appearances presented by the tricks of personal 
factions, or even by the mere manoeuvres and stratagems of parties. 
I£or,as 1 have already had occasion to explain in former despatches, 
the diversity of sentiment upon which the question of peace now 



[ 52 ] 272 

turns, divides those between whom its decision rests into parties, 
into national parties, in the highest and best sense of the term; the 
consideration by which they are both governed being the good 
of their country. The one desires immediate peace, believing it to 
be indispensable to the preservation of their nationality. Indeed, 
they desired it long before matters came to this pass; but now they 
desire it for this additional and paramount reason. Believing the 
necessity for peace to be thus peremptory, and convinced that an 
acquiescence in our demand is the only way to obtain peace, they 
are ready for the sacrifice, heart-rending as it is to them. The op- 
posite party are no less sensible of the value of peace, and no less 
decided in their wish for it. But, believing that its restoration 
under existing circumstances would be fatal to their hopes for the 
political regeneration of their country, they are immovably fixed in 
their determination to prevent it if they possibly can, at whatever 
risk, at whatever cost, and by whatever means. So far as depends 
upon any efforts which they can make, the war is never to end 
until it shall have been made conducive to this great object : an 
object which many of them had in view long before the war com- 
menced • and which, even at that period, directed their course 
with reference to the causes which gave rise to it. To this policy 
more than one convert has, I know, been made within the last 
month or two. Indeed, it is rapidly gaining ground from day to 

day. 

From this party proceeds the state paper here referred to. It 
would be a great error to confound it with the declamatory trash 
proceeding from Santa Anna, and the like, who, having never any 
other object in view than the attainment of their own base personal 
ends, have ever been ready to profess eternal devotion to one set 
of principles to-day, and to swear perpetual allegiance to the op- 
posite cause on the morrow. This is different stuff, quite. There 
maybe exaggeration in the inflexibility which they ascribe to their 
own purpose; and there maybe — there doubtless are — great diver- 
sities of character in the signers, with regard to honesty and purity, 
as well as to steadfastness of purpose. But, be this as it may, it 
is no sham, it is a real purpose; the purpose, not of a chameleon 
faction, but of a national party: a purpose, not of mushroom 
prowth, but the matured product of the studies and experience, the 
convictions and'sentiments, pursued and hoarded up and cherished 
during long lives. It is a genuine part of the genuine and deep- 
seated patriotism of this unhappy land — a land, some of the sons 
of which, at least, are worthy of a better lot. 

It will be observed, that they stop short of saying upon what 
terms and conditions they would make peace, except so far as the 
suggested withdrawal of our troops (which they know to be an im- 
possibility) may be viewed as a condition. They confine themselves 
to a statement of what they are opposed to, of what they will not 
do, of what they will never consent to. They will not consent to 
the extinction of their nationality — they do not say to its amal- 
gamation. They will not consent to the dismemberment of their 
country, nor to its conquest — they do not say to its incorporation, 



273 [ 52 ] 

They will not consent to either, because either involves the subju- 
gation of their race, placing it on the same footing as the barbar- 
ous tribes who have melted away before us, and leads directly and 
inevitably to its extinction. All this is perfectly compatible with 
a strong desire for incorporation with us; or, if this be impracti- 
cable, for a close political connexion. 

Upon this topic, I will refer, as also highly meriting attention 
as an indication of what is thought and felt in this country, to the 
(Views presented in a communication from a very able hand, under 
date Gaudalajura, October 15, republished in the " Monitor Re- 
publicano" of the 8th and 9th of November; to which I called at- 
tention at the time of transmitting those papers, marking the arti- 
cle and many of its passages. Under cover of an exceedingly bit- 
ter invective against what we have done, a view is taken, with 
great boldness and force, of what we might have done, and may 
yet do, to insure the happiness and win the heart forever, not of 
Mexico alone, but of the whole of Spanish America. That view, 
with variations as to matters of detail, is the ultimate view of the 
" puro party, or progress party," as they call themselves in the 
enclosed "exposition;" which manifesto, as will be perceived, closes 
with the following reference to their own character, objects and 
conduct as a party, previously to this contest': 

" Wherefore, although profoundly affected by the effusion of 
blood, and the other calamities which attend the struggles o-f na- 
tions, we solemnly proclaim the continuance of the war, because 
it is the only mode left to us for upholding a just cause, and main- 
taining the incontestible rights of our country. Apart from this, 
fully aware of the incalculable advantages which are secured to 
mankind by the 'political and economical principles proclaimed by 
the wise, we have been constant in defending democratic liberty and 
the holy cause of civilization, as the means of giving prosperity to 
our republic, and of exciting in her favor the sympathies of the 
world. But, calumniated and persecuted by those very men who now 
proclaim the impotence of our country, after having rejected the 
means of making her strong, our labors have been to no purpose; 
and now, we all find ourselves borne down under the sad consequences 
of the wretched politic* of those who have chosen to force us to live 
in the sixteenth century, whilst surrounded by people who live the 
life of the nineteenth. 

" We love our fellow-men, and we have wished to attract them to 
our native land, that they might here, under the influence of a hu- 
manising and generous legislation," (referring, of course, to the 
legislation which they have wished and striven to secure for their 
country,) u participate of the wealth we have inherited from our 
fathers. But we cannot consent to the endeavor to humble our 
country, to dismember her territory, in order that she may soon be 
blotted out from the catalogue of nations. Still less can we con- 
sent to the extermination of our race; and, as the preparation for 
this, to its being covered with opprobrium and ignominy." 

This, I repeat, is not to be confounded with the soulless verbiage 
under which Santa Anna, and characters of his starap ; seek to cover 
18 



[52] 



271 



up the sordid purposes of which alone they are capable. It comes 
from human hearts. It wells up from the bosoms of men who 
have told me that, when this war shall cease, whatever territorial 
arrangements may then be made, they want no money from us, 6e- 
cause it would serve only to corrupt their politics still further, and 
render their purification yet more desperate. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan, 

Secretary of State. 



[No. 25.] Head-quarters of the'U. S. Army, 

Mexico, December 29, 1847. 

Sir: A short time ago, in my despatch of the 20th instant, I had 
occasion to mention the unfavorable influence which Mr. Clay's 
Cincinnati speech and resolutions were exercising here upon the 
cause of peace. Since then the President's message, brought to 
this city on the 25th instant, by a special courier from Vera Cruz, 
has been operating in the same direction, by affording encourage- 
ment to the puro party to redouble the desperate efforts they are 
now making to prevent the impending treaty, which, just three 
days ago, I heard that some of the party considered inevitable. 
The arrival of the message at this critical instant may be attended 
with consequences similar to those produced by the appearance of 
Bulow and Blucher on the field of Waterloo. 

I refer to that part of the message in which the following sen- 
tences occur: u In such event, it may become proper for our com- 
manding generals in the field to give encouragement and assurances 
of protection to the friends of peace in Mexico, in the establish- 
ment and maintenance of a free republican government of their 
own choice, able and willing to conclude a peace which would be 
just to them and secure to us the indemity we demand. This may 
become the only mode of obtaining suck a peace. Should such be 
the result, the war which Mexico has forced upon us would thiis 
be converted into an enduring blessing to herself. After finding 
her torn and distracted by factions, and ruled by military usurpers, 
we should then leave her with a republican government, in the en- 
joyment of real independence and domestic peace and prosperity, 
performing all her relative duties in the great family of nations, 
and promoting her own happiness by w r ise laws and their faithful 
execution." 

The "event" here referred to as the one in which this "encour- 
agement and assurances of protection" are to be given by us is, the 
failure of " the continued successes of our arms to secure a satis- 
factory peace?'' Now, as I have explained in several of my des- 
patches, this failure is the very thing which the puros have been 
all along, and now are, striving for; and this, not because they are 
unfriendly to peace, but because they believe that, to prevent it, is 
the sure way, and the only way, to obtain for their country that 



275 [ 52 ] 

very encouragement and protection the prospect of which is here 
held out by the President. Their first choice (that of a considera- 
ble portion of them at least) would be annexation; but, failing in 
this, they would most joyfully accept what is here proferred; and, 
to this extent, thousands would go with them, who are not in favor 
of annexation, or who are even resolutely opposed to it. 

It is exceedingly unfortunate, therefore, that this promise of what 
they have for years been toiling to bring about, and have recently 
succeeded in making the object of desire to many who have here- 
tofore had no political sympathies with them, should be made de- 
pendent upon the protraction of the war. Thus far the success of 
their policy could not but be more or less problematical, even to 
those by whom it was first conceived, and who were indissolubly 
wedded to it, come weal or come wo; while to less ardent or less 
resolute minds the consideration always presented itself that, al- 
though such a state of things might result from protracting the war, 
yet, on the other hand, the result might be the subjugation of the 
country, and the enslavement and extinction of their race. From 
th' ir tendency to give force to this consideration, and thus to dis- 
courage the puros and counteract their proselytism, I have not been 
so ~"y, however deeply humiliating it was to my pride of country, 
to have repeated to me by foreigners of unquestionable veracity, to 
whom they had been uttered, such remarks as the following, from 
the lips of one of our officers high in rank, recently arrived here: 
" This army has not come to conquer a peace; it has come to con- 
quer the country?'' u we will make them dine and sup on the hor- 
rors of 'war ." And when told, " but at least your government should 
declare the policy it means to pursue, and let the country know 
what it is to expect, and what we are to adapt ourselves to," he 
replied, " O! time enough for that two or three years hence" 

Whatever the feelings excited in me by such things as these, they 
had their compensation in the effect they were evidently calculated 
to have in damping the ardor of the puros, and checking their pro- 
pagandism. But now, the justness of the policy of this party, in 
protracting the war, has the seal of absolute certainty stamped upon 
it. 

Fortunately, however, the time left for this to work its inevita- 
ble effect is but short. For, according to every probability, a 
treaty will be signed in the course of a week from this time, and 
it will obtain ratification very soon after the new Congress shall 
have formed a quorum; and the indications that this will take place 
early in January are becoming more and more favorable every day, 
notwithstanding the inability of the government to command even the 
small sum required to provide for the travelling expenses of the mem- 
bers, by paying their mileage. A few days ago the puros boldly pro- 
nounced a quorum to be impossible; but their confidence on this 
point has manifestly been falling, from hour to hour. The secret 
in regard to the treaty has been admirably kept, the persons who 
actually know anything about the matter being exceedingly few in 
number. All that the puros possess respecting it consists of their 
own surmises and convictions, founded on their knowledge of the 



[52] 



276 



general determination of the government, united with mere superfi- 
cial indications that something is going on. 

But for its having been made dependent upon the continuance of 
the war, I should have rejoiced exceedingly at seeing this promise 
of protection, in the establishment and maintenance of a legitimate 
government, held out to the people of this country. Besides the 
matter bearing upon this point contained in my previous despatches, 
I said, in that of the 6th instant: "There is, however, a question 
totally distinct from the above, which presents a strong claim upon 
the immediate attention of our country; a claim founded on con- 
siderations of humanity towards this people, as well as on its bear- 
ings upon ourselves. It is, whether the very peculiar, the alto- 
gether exceptionable nature of the case, as caused by the intimate 
geographical relation in which this country stands towards ours, 
would not warrant such a departure from our established principles 
in this regard, as would be involved in a compact that should se- 
cure to Mexico the assistance which she needs, and which is all 
that she needs, for the establishment of a good and stable govern- 
ment. The elements for such a government (although, under the 
pressure of circumstances, they have lain dormant and inactive,) 
are by no means entirely wanting in this country, as would seem 
to be the case, judging merely from the facts exhibited to the eyes 
of the worl'd by her past history. Protection for a few years, per- 
haps for a shorter time, from her own enormously overgrown mili- 
tary class, is all that she needs to bring about a state of things 
strongly contrasting with that which has heretofore existed here. 
Upon the solution of this question depends her chance for present- 
ing such a contrast; a thing which is indispensable not only to her 
own happiness, but to the possibility of her being a good neighbor, 
to the possibility of her preventing the recurrence of such miscon- 
duct on the part of the government and local authorities as will 
render peace between us always precarious in the extreme. The 
offer of such aid would, I am sure, be accepted with delight and 
deep gratitude." 

Of the correctness of this view of the subject, my mind is thor- 
oughly convinced. I consider it certain, also, that such a course 
on our part — demanded, as it is, by our own interests, whilst it is 
recommended likewise by considerations of humanity towards the 
fellow-men whose lot has been cast nigh unto us — so far from 
presenting itself in an invidious light to other governments, would 
be viewed by them in a manner corresponding with the joy which it 
"would diffuse among all foreigners established in this country; in- 
deed, among all foreigners, wherever residing, who have a motive 
of any kind for taking an interest in her quiet and prosperity. 

Nor could a juncture be more favorable than the present for af- 
fording such protection. For, it is to be remarked, that there is, 
at this moment, no room for doing anything towards establishing 
a government. Nothing is necessary but to maintain what is al- 
ready established; to protect it against military violence and usur- 
pation. The constitution of 1824, with important amendments, (as 



277 [ 52 ] 

■•will be seen from the copy which I transmitted some time since,) 
has just been restored, by a perfectly legitimate process, and is now 
the supreme law of the land, recognized by all parties. In a few 
days the Congress elected under that constitution are to meet; and, 
on the 8th of January, the President (General Herrera) is to be 
sworn into office. 

One obvious mode of proceeding for this purpose is, to render all 
practicable facilities towards giving strength and efficiency to the 
national guard, and to place these citizen soldiers in possession of 
the strongholds, as they shall be evacuated by our forces. With 
respect to other forms in which protection might be afforded, I 
have requested suggestions from good men of both parties; and I 
have suggested to them the great advantage which would result to 
their country from the establishment of good understanding and 
concert of action between them, with reference to what I know to 
be a common object: her protection against military usurpation and 
anarchy. This suggestion has been received in a manner which in- 
duces me to believe that, to insure such concert in regard to many 
points of primary importance, and especially in regard to the 
great fundamental reform which is the most indispensable of all — 
the doing away of the fueros; that is to say, having but one and 
the same law, and one and the same tribunals, for all citizens alike 
■ — nothing is necessary, but that our country should be represented 
here by a person calculated so to exercise her influence as to pro- 
mote an object at once so honorable to her and so important to the 
peace and welfare of both nations. I need not say that his pres- 
ence at the earliest possible moment would be extremely desirable. 
And, lest it should be imagined that my conviction on this point 
may be owing to a desire to occupy the post myself, I will add, 
that my answers to those who have expressed a wish for my return 
has been, that this is an absolute impossibility, for more reasons 
than one: among which reasons would be, that my appointment 
would not for a moment be thought of, whatever exertions I might 
make to obtain it. Another, which I did not deem it worth while 
to state, would be, that even if the case were totally reversed as to 
the point just mentioned, there can be no change in the determina- 
tion which governed me in asking leave to withdraw 7 , as I did in 
my despatch of the 31st of October, transmitted weeks before I had 
any intimation or idea of the President's intention to discontinue 
this mission, or to recall me. That determination was formed some 
time before I so acted upon it; and it is at this moment firmer, if pos- 
sible, than it was then. Had I once reached home, the only thing 
which could have made me deviate from it, so far even as to re- 
turn here for a very limited time, would have been the belief that 
I might be instrumental in restoring peace. Should my present 
efforts prove successful, this inducement will happily be at an end. 
Should they prove otherwise, the state of the case will have be- 
come so greatly altered as to preclude the belief which would then 
have actuated me. My conviction in regard to the great impor- 
tance of our having a representative here as soon as possible, (sup- 



[52] 



278 



posing peace to be re-established,) is, therefore, entirely uninflu- 
enced by the desire to which I have adverted. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan, 

Secretary of State. 



[No. 26!] Head-quarters of the U. S. Army, 

Mexico, January 12, 1848. 

Sir: In rny last despatch, under date the 29th ultimo, (which, 
after being delivered for transmission by an express from head- 
quarters, carrying orders to Vera Cruz and intermediate posts, was 
withdrawn by me through apprehension of the insecurity of the 
conveyance, and which consequently will go by the same opportu- 
nity as this,) I stated that " according to every probability a treaty 
will be signed in the course of a week from this time." This prob- 
ability has not yet been fulfilled; but the causes to which my dis- 
appointment is owing are not by any means of a nature to weaken 
my confidence as to the result. To-morrow, I am to have a meet- 
ing with the Mexican commissioners, at which every thing will, I 
believe, be agreed upon between us; and allowing a day for making 
out the papers to be transmitted to Queretaro, and five or six for 
the return of the courier from the time of his departure hence, the 
signing of the treaty will probably take place towards the close of 
next week. 

The boundary (which has been agreed upon, subject to the ap- 
proval of the Executive at Queretaro) will be the one defined in 
the projet which I brought out, with a slight variation at its west- 
ern extremity. The reasons which have governed me in this, as 
well as in not insisting (as I had at first determined to do) upon 
the parallel of 32° from the Rio Bravo, will be fully explained 
hereafter, time not permitting me to do so now. 

Under these circumstances, government will judge of the expe- 
diency of despatching provisional instructions to the commanders 
of our forces. The position in which the general-in-chief is placed 
by the communications received by him, is any thing but favorable 
to the establishment of peace. Agreeably to the projet brought out 
by me, u a suspension of hostilities" could take place only alter the 
ratification of the treaty by the Mexican government. So that af- 
ter a treaty of peace should actually have been signed — signed here 
on the very battle-field, and not by negotiators tw r o or three thou- 
sand miles off — human blood, u the precious blood of our fellow- 
citizens," as it is, if I recollect right, called in the President's mes- 
sage, must have continued to flow, ox General Scott must have taken 
the responsibility of suspending hostilities before the ratification of 
the treaty; of suspending them de facto, on our side only, thus 
placing our troops at serious disadvantage, or of entering into a 
compact with the enemy, (if it be not a contradiction in terms to 
use this word after a treaty of peace has been actually signed,) 



279 [ 52 ] 

making the suspension mutual. In this position was the commander 
of our forces placed. There was no retreat for him from this al- 
ternative. Even if it had required but a day to obtain the ratifica- 
tion of the treaty; or, if the Mexican Congress had not been in session, 
and it was positively certain that they would meet in a week, or a 
fortnight, or a month, and that they would then ratify; under these 
circumstances, or under any possible circumstances, bloodshed must 
go on for that day, or that week, or that fortnight, or that month, 
or General Scott must take upon himself to disregard his orders to 
push the war vigorously, and to disregard also the order conveyed 
in the projet, that this vigorous prosecution of the war was not to 
be suspended until the treaty should be actually ratified. 

Whether our country and the whole civilized world would or 
would not have burst forth with one universal cry of horror at such 
a spectacle as a compliance with those orders would have afforded, 
and whether one universal sentence would or would not have been 
pronounced upon it as a wanton sporting with the lives of men, I 
will leave to others to decide. 

Such is the position in which the general-in-chief was placed 
then, and the same is his position now — with this aggravation: that 
he knows my remaining here to be in violation of instructions; and 
he has himself received fresh instructions, acquainting him with the 
will of the President that the war be pushed, not only with renewed 
vigor, but with rigor. Any propositions for peace which may be 
made by the Mexican government are to be transmitted by him to 
Washington. But meanwhile, no matter what the nature of those 
propositions may be; no matter what his convictions and the con- 
victions of every one here may be, no discretion whatever is given 
him as to the influence they shall exercise upon his course. The 
law laid down to hirn as the only rule for his government is, to push 
the v:ar vigorously and rigorously. And this law he must abide 
by and fulfil to the utmost, or he must disobey orders. 

Even if the suspension of hostilities after a treaty of peace shall 
be signed, until the will of our government can be made known, 
were made the condition upon which a treaty would be signed, 
even in this case he must say no! and go on shedding blood, 
'Hhe precious blood of our fellow citizens," or he must disobey 
orders. 

This case has, to a certain extent, actually happened. The Mexi- 
can commissioners endeavored at the outset, and, as a preliminary 
condition to their entering upon the negotiation, to obtain a prom- 
ise that such suspension of hostilities should take place upon the 
signing of the treaty; and, independently of the general and ob- 
vious reasons supplied by the common sentiment of humanity against 
war going on after a treaty of peace has been signed in the very 
midst of the forces engaged in it, they gave special reasons, rea- 
sons of policy connected with the position of the government, as 
being the government of the peace party, for wishing that this go- 
vernment may not be placed in the alternative of resisting the fur- 
ther advance of our troops, or affording grounds for the changes 
which a contrary course would justify, even to the extent of that of 



[52] 



280 



treasonable connivance. But all I could say in reply was, "Gen- 
eral Scott is totally without discretion on the subject. His in- 
structions are, to push the war with all possible v-gor, and to oc- 
cupy the country as speedily as his means permit. He cannot enter 
into any agreement of the sort — not even if we sign the treaty — 
without disobeying orders. But let us get it ready for signature, 
and then I will lay it before him, stating that its being signed de- 
pends upon his engaging to suspend further movements until he 
can receive instructions from Washington." 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



[No. 27.] ' Heae-quarters of the U. S. Army, 

Mexico, January 25, 1848. 

Sir: The treaty agreed upon between myself and the Mexican 
plenipotentiaries will, according to every probability, be signed 
immediately upon the return of an express which has just been de- 
spatched to Queretaro. Every arrangement has been made here, 
and upon the road between this and Vera Cruz; and a confidential 
order has gone forward to General Twiggs, at that place, for its 
instant denarture hence, and to insure its rapid transmission to and 
from Vera Cruz. Although closely engaged in the preparation of the 
copies (quintuolicate) for signature, I shall find some intervals of 
time for writing this by snatches. 

The Mexican commissioners hold their full powers, bearing date 
on the 30th of December, 1837, from the President ad interim, of 
the republic, (General Anaya,) constitutionally elected to that of- 
fice in November, by the "sovereign constituent congress," after a 
1 severe and dubious struggle in that body between the peace and 
the war parties, the character and objects of which have been ex- 
plained in my despatches; although these afford but a faint idea of 
the difficulties with which the former have had to struggle, and of 
the arduousness of the efforts in which they have been engaged 
ever since the total dissolution of the government, which followed 
the capture of this capital; at which juncture, as was explained 
by me at the time, they seized the first opportunity that had offered, 
since a period antecedent to the war, for forming themselves into a 
party that, until then, had had no existence; not for want of ele- 
ments, but from the causes which prevented those elements from 
coalescing, or exercising any influence over the posture of public 
affairs. These causes, also, I have explained. 

The full powers were countersigned by Senor de la Pefia y Peiia, 
as minister of relations under General Anaya, whom he had pre- 
ceded in the chief executive office as provisional president. Both 
of these modifications of the presidency are recognized in the con- 
stitution; and the. peace party, or moderados, have, in all their 
proceedings thus far, (henceforward no motive can exist for their 



281 [ 52 ] 

acting otherwise, for they are in complete possession of the gov- 
ernment,) strictly conformed to the fundamental law. The only 
flaw which can be detected in those proceedings, is one which it 
was impossible to avoid, and in which the spirit of the constitu- 
tion was adhered to entirely, as its letter was, as closely as the 
nature of things rendered possible. It consists merely in this: By 
the constitution, the office of president of the republic devolves, 
under certain contingencies, provisionally upon the president of 
the supreme court. Now, these contingencies had all occurredj 
but there was no president of the supreme court in existence. 
Seiior Peiia was the eldest justice of that bench, but no election 
had taken place to supply the vacancy occasioned by the death of 
the last person who had been constitutionally elected as its presi- 
dent. This could be done by congress alone, and congress was 
not in session. There was a certainty, too, that the only possi- 
bility of getting congress together depended upon the previous 
formation of an executive. It was under these circumstances, 
when the republic was without a government of any sort, that the 
ablest and best men of the moderado party, with a view to rescue 
their country from the anarchy which had begun, and then to make 
peace, prevailed upon Seiior Peiia to assume the provisional pre- 
sidency; after which, they succeeded in obtaining his recognition 
by the state authorities, as they have ever since, in upholding and 
defending the government so established against the endless strata- 
gems and incessant assaults of those who were intent upon its destruc- 
tion — the immediate object of these machinations (except on the part 
of the merely personal factions) being to render peace impossible, 
through the non-existence of a government with which it could 
be made; and their ultimate object being to force our country into 
an amalgamation with this. 

When congress met, (which was brought about by the exertions 
of the moderados against those of the puros, or war-until-annexa- 
tion party,) that body proceeded, conformably with the constitu- 
tion, to elect a president ad interim, to serve until the 8th of Jan- 
uary of the present year, the day previously fixed for the inaugu- 
ration of the new president, who should be regularly placed in of- 
fice by the elections then going on, or soon to take place. This 
election ad interim, after the doubtful contest above referred to — 
in which the puros, by straining every nerve, and making all sorts 
of combinations with the Sautanistas, and other personal factions, 
were very near succeeding in prostrating the peace party, by elect- 
ing a man who would have played the war-perpetuation game — re- 
sulted in the election of General Anaya, who immediately appointed 
his predecessor in the presidential office as the minister of relations, 
and appointed General Mora y Villamil ("the avowed apostle of 
peace") as secretary of war; in a word, pursued the peace policy 
commenced by those by whom the government had been built up. 

This brief summary of what is contained on the subject in my 
previous despatches, shows the character of the government from 
which are derived the full powers of the plenipotentiaries with 
whom the treaty has been negotiated, and will have been concluded. 
Its authority is perfectly and absolutely constitutional in all res- 



[52] 



282 



pects: free even from the slight flaw above mentioned, as existing 
in that exercised by Serior Peiia. And not only is it constitutional; 
it is furthermore strictly national. The political principles and 
views entertained by the moderados (that is, by the party to whose 
efforts the existence of this government, or of any general govern- 
ment in this country at the present time, is due) do, most unques- 
tionably, constitute the real, genuine political sentiment of this 
country; that is to say, of a vast majority of those who ever take 
any part whatever, or any interest whatever, in public affairs; or 
who ever bestow a thought upon them, or are capable of so doing. 
This sentiment consists in an honest and firm attachment to repub- 
lican principles; and, independently of that attachment, in a steady 
conviction that the republican form of government is not only 
desirable in itself, but that even if it were not so, still it is the only 
one practicable here. Another of its elements is a strong and de- 
cided aversion to monarchy, both in itself and on account of its 
impracticability, even if it were desirable. A third is a perfect 
devotion to their distinct nationality , and a most vehement aversion 
to its becoming merged in or blended with ours, no matter v)hat the 
terms of their incorporation with us might be. I have no doubt 
that this sentiment would be reversed, upon experience of the re- 
sults with which such a change would be attended, if it took place 
peaceably. But, for the present, it is decided and overpowering. 

As for the puros, although they number among them some men 
of philosophic temper, enlarged views, and genuine patriotism, the 
party consists chiefly of persons of a different stamp, in all respects: 
persons who have everything to gain and nothing to lose by politi- 
cal change and commotion; and who, whenever they have enjoyed 
the opportunity, have given very substantial proofs that they are 
actuated by motives quite the reverse of a devotion to the public weal. 

Besides these, the portion of the inhabitants to whom our perma- 
nence here would be agreeable, whether under the name of con- 
quest, or occupation, or annexation, are foreigners ; persons who, 
with very few exceptions, have no sympathies of any kind with the 
the country, (that is to say, with those who love it as their native 
land, as the birth place and the country, by every rightful title of 
their mothers and fathers, of their children and grandchildren,) or 
with anything whatever — here, at least — save their own individual 
gains and pecuniary interests. To this class belong some "Ameri- 
can citizens," so called, native and naturalized, who, having prov- 
ed their love for the land of their birth or adoption, and their de- 
votion to liberty, by abandoning her and the security which she 
affords, to come and establish themselves in a land of anarchy and 
military despotism — in a word, a land where all the evils are rife 
which can possibly arise from misrule, in every shape that unbound- 
ed political profligacy can give to it — deem it nothing but fair that 
the country thus abandoned by them should, at the expense of those 
of her children who are content to live at home, insure their for- 
eign gains, and secure to their persons and their property an ex- 
emption from the natural, the inevitable, and — to those who elect to 
live in such a country, above all, when born or admitted to the right 



283 [ 52 ] 

of living in one like ours — the proper consequences of dwelling in 
such an abode. These persons— who, a few months ago, were ex- 
ceedingly shocked at the imbecility evinced by the armistice, and 
highly indignant at the sacrifice of their country's glory involved 
in that measure — are now still more ardent advocates of the prema- 
ture occupation of the whole Mexican republic, than they then 
were of the instant occupation of its capital. A few hundred mil- 
lions of taxes upon their beloved countrymen at home, and a few 
decades of their lives sacrificed in the prosecution of the war, 
would, in the estimation of these patriots, be a very cheap mode of 
purchasing for them the pecuniary advantages with which such a 
proceeding would be attended, and the comfort of living under 
"the star-spangled banner," in the land of the Montezumas. 

Exercising the right of opinion, which belongs to every Ameri- 
can citizen upon questions concerning the welfare and the charac- 
ter of our country, and involving the prevalence of right over 
wrong, so far as the struggle constantly going on between them 
can be influenced by her, I became years ago deeply impressed with 
the necessity that she should clearly and distinctly define her posi- 
tion in regard to this class of persons, and this whole subject. I 
have made some endeavors to bring this about, and I shall make 
more. Her character loudly calls for it; her character for simple, 
naked justice^ and nothing beyond it, towards those who are weaker 
than herself. This is certain. It is a plain truth; and it is one 
7iot hid under a bushel. It is known to, and widely talked of by, 
hundreds, doubtless thousands, of perfectly disinterested and im- 
partial foreigners, who have witnessed the cases in which this ne- 
cessity has proved itself: men no less impartial than were the New 
England shipmasters, who — chancing to be at Nootka, towards the 
close of the last century, when the events occurred out of which 
the adventurer, Meares (a British half-pay officer, and engaged in 
smuggling voyages, in the pay of Portuguese capitalists) concocted 
his story of wrongs, and losses, and damages afterwards — bore tes- 
timony to the truth which they knew, and to the falsehood of his 
tale; although that falsehood did not prevent it from enriching its 
inventor with a huge international robbery, under the name of " in- 
demnity," exacted for losses which he had never sustained, after 
it had proved the occasion of wasting, m preparations for war, 
three millions sterling of the honest fruits of the industry of Meares' 
fellow subjects, who had been content to live at home toiling for 
their bread; and after it had brought England and Spain to the 
verge of a conflict that would have deluged Europe and America 
with blood, beggared and orphaned thousands of innocent families, 
and introduced corruption and debasement into tens of thousands 
of hearts that might otherwise have remained honest and pure. 

As an American citizen, one who loves his country, loves her 
fair fame, loves the justice which he knows to be at her heart, I 
have long known and felt what is known to the world: that it is 
high time that her attention should be given to this subject; high 
time that all the rules and safe-guards which its nature demands 
should be established for herself, and by herself. Not by adopting 



[ 52 ] 284 

the vague practice of the irresponsible rulers of other countries, 
but in the same way that she has established a government for her- 
self, by appealing to the principles which she cherishes, and which 
alone she recognizes as possessing authority over her, or over the 
relations between her and her citizens. 

Among the questions involved in this deeply important topic, 
which it behooves her so to decide for hersielf, the first is, to what 
extent, even supposing no practical difficulties to be in the way, 
she can, compatibly with her principles, compatibly with the rule 
of right which she would insist upon the observance of towards 
herself by any nation, however great and imposing its power might 
be, and compatibly with justice to those of her citizens who are 
satisfied with the advantages secured to them at home — how far 
she can, consistently with all these obligations, undertake to fol- 
low into whatever foreign country he shall see fit to settle in, 
every adventurer who may chance to have been bern within her 
limits, or who may have obtained the character of an American 
citizen; and there to supervise the administration of the law, scru- 
tinize into the legality and the equity of the decisions of the tribu- 
nals, and require of the authorities generally, in all proceedings 
where such individuals are concerned, a conformity with the stand- 
ard by which justice would have been meted out them in our coun- 
try, had it not been their choice to live in another. And, this first 
point having been settled, the next thing to be considered by our 
country would be the practical difficulties attendant upon such a 
supervision and inseparable from it, however limited may be the 
extent to which it is carried; of which difficulties the greatest and 
most fearful is, the danger of injustice towards nations weaker than 
herself, through imposture practised upon her; imposture which 
has for its object to make her power, and the dread in which it is 
held, subservient to schemes of extortion more base and flagitious 
in themselves, and in their consequences more injurious to the 
great principles which hold society together, than aught that ever 
was perpetrated by banditti prowling upon the highway against 
helpless travellers falling into their power. 

For forming a proper estimate of this danger, our country has 
abundant materials at home. In no land are the laws more hu- 
mane, in none is the administration of the law more impartial. 
Corruption has never there approached the judgment seat. And 
yet there is not a day in the year, when her courts are open, that 
decisions are not rendered which not only disappoint the expecta- 
tions of learned lawyers, but shock the popular sentiment of jus- 
tice, and are considered by the whole neighborhood where they 
excite interest and awaken sympathy as inflicting grievous wrong. 
Nor is this confined to private controversies — to decisions upon 
questions between man and man. It extends to the penal branch 
likewise; to questions between the government and those who fall 
under the penalties of the law. Under one single chapter of our 
code of laws of the federal government, instances enough of this 
could be collected in any period of two or three years. I refer to 
the revenue laws. For cases under this head, in which — particu- 



285 [ 52 j 

larly if considered merely in themselves, apart from the absolute 
necessity of general rules, and from the inevitable imperfection of 
all human institutions — the consequences to the offender would 
strike the public mind as rigorous and severe to a degree altogether 
incommensurate with the offence committed, it would not be neces- 
sary to go farther that the archives of the Department of State, or 
to look into more than a few bundles of the applications for par- 
rjons and remissions. This is American law, enforced upon Ameri- 
can citizens at home, by tribunals whose bias is ever in favor of 
the accused, whose judges are never so much as suspected of cor- 
ruption, and whose system of precedure is perfection itself, com- 
pared with that of many other nations. And yet, with all these 
advantages, such cases do happen; cases which no one can read, 
and then doubt that if we had been a feeble nation, and if the par- 
ties had been foreigners, those identical cases would have been 
made the ground of as many grievous tales of persecution and ruin 
without cause; particularly if those foreigners could have hoped, 
by such means, to become enriched by indemnities exacted from 
our government, and paid by the sweat of the brows of our coun- 
trymen. 

Commerce must, I know, be protected, and this protection must 
be extended over it on the land as well as on the ocean. But there 
is no incompatibility between the efficient protection of commerce, 
honestly carried on, and the existence of safeguards which shall, to 
a great extent, if not entirely, protect our country from impostures 
alike fatal to her character for honesty and justice among the na- 
tions, and dangerous to her peace. Nor does the protection of 
commerce, the protection of commerce in the true and honest sense 
of the phrase, require that persons going-abroad to seek their for- 
tunes, either as mechanics, or as doctors, or as dentists, or as 
clerks, or in no definite capacity whatever, and without being in 
any manner connected with American commerce or American 
capital, should be permitted to usurp the title of American mer- 
chants, merely because after settling in the foreign land of their 
choice, to pursue callings having no relation to commerce, they 
may have found it for their interest to engage in buying and sell- 
ing, either as brokers or as traders, or in stock-jobbing, or in 
speculation in any of its numberless forms. Such persons may 
amass wealth, real or fictitious. They may come to be reputed as 
rich men, either truly or falsely. But let their gains be what they 
may in amount, and let them be ever so real and substantial, and 
ever so honest as to the means by which they were acquired, still 
they constitute no part of that capital, the protection of which 
properly comes under the idea of protecting commerce. Whatever 
be the measure of protection to which such gains may be equitably 
entitled at the expense of the nation, and at the risk of involving 
the nation in controversies and in wars, just or unjust, the question 
as to that measure of protection is a totally different question from 
the one which relates to commerce; that is to say, to the portion 
of the capital of the nation embarked in commercial pursuits, and 



[ 52 ] 28G 

to those of our fellow-citizens by means of whose agency it is so 
employed. 

It is in the power of our country to make herself the special ob- 
ject of esteem, confidence, and love, throughout our whole hemis- 
phere; the common centre of affection to all the people who in- 
habit it; their common standard for all that is good and great. 
For this, nothing is requisite but that she should, in her deport- 
ment towards them, be true to herself, true to what is really he-: 
character. But, to make this known, and to correct the erroneous 
impressions in regard to it which have substituted themselves for 
those which caused her to be looked up to by all the republics of 
Spanish America at the time when they first took their place 
amoncr nations, the safeguards to which I have adverted are indis- 
pensable. If they be not established, the title of American citizen, 
instead of being as it ought to be, and can easily be made to be, once 
more a passport to confidence and favor everywhere on our con- 
tinent, will become more and more every day a sound of evil omen 
to all ears, the universally recognized token for justifying distrust, 
dread, and aversion towards him who bears it. Instead of the de- 
sire to increase their intercourse with us, and to welcome our citi- 
zens wherever they may present themselves, the wish which will 
be deepest at the heart of all Spanish America will be the wish 
that all communication with us might be forever at an end, and that 
it mio-ht never more hear of an American citizen. 

To return to the character of the parties in this country — I mean 
what can be considered as national parties, in contradistinction to 
mere personal factions — the only one of which it remains to speak 
is the monarchists. This also counts some good men; some who 
have the welfare of their country at heart. But the result of all 
my inquiries is, to satisfy me that the party is altogether impotent, 
and that it never can, by any possibility, acquire the ascendency 
here, or be otherwise than impotent, even to influence in any de- 
cree the destinies of this country, or the course of public affairs. 
It is, at this moment, busy in intrigues; but these intrigues excite 
no apprehension whatever that they can result in anything favor- 
able to their object. They are incapable in themselves of pro- 
ducing even a transient effect upon the stability of the govern- 
ment, or to affect it in any manner. The puros, who are ever ripe 
for anything to compass their end, might, by their machinations on 
the same side, give a semblance of importance to the cry for a 
monarchy, should a pronunciamento of this complexion take place. 
If they should so act now, it would not be for the first time. They 
co-operated with Paredes — who, being truly and honestly (for he is 
an honest, though a very weak man) a monarchist, entertains views 
diametrically opposed to theirs — in overthrowing Herrera, who, but 
for his overthrow, would have prevented the war. 

Having stated the character of the government from which the 
Mexican plenipotentiaries derived their authority to act, I will now 
add sueh facts as are requisite for estimating probabilities as to the 
future, and particularly with reference to the ratification. 

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[52] 



288 



deputies will complete the number necessary for a quorum of their 
body. 

The great, indeed the only serious obstacle to the prompt meet- 
ing of Congress, is the pecuniary destitution under which the gov- 
ernment is laboring, and which is so great as absolutely to inca- 
pacitate it from supplying the members, as has always been cus- 
tomary, with the means to defray their travelling expenses. This 
obstacle will, however, I trust be removed in a few days. 

I will now enter upon the subject of the treaty itself. The ne- 
gotiation has been an exceedingly laborious one, and has occupied 
me without intermission for several weeks, during as many hours 
of every twenty-four as could possibly be given by me to work; 
and at no other period of my life, so strong has my health become, 
could I have undergone the same amount of labor. 

Independently of the desirableness that the treaty should be a 
good one, the very peculiar posture of affairs in this country re- 
quired that it should be such as to protect itself against the tempest 
of objections ready gathered to burst upon it, as the last resource 
for overwhelming and upturning the government, in order that the 
object may be accomplished of compelling our country into an 
amalgamation with this, by rendering peace impossible in any other 
way. In order that it might so protect itself, it was requisite not 
merely that the treaty should present the fewest possible features 
that could be objected to, but that it should, with reference to the 
fears, the suspicions, and even the prejudices of the Mexican 
people, carry upon its face as many positive recommendations as 
the nature of the subjects stipulated upon rendered practicable. 

The plan upon which I proceeded, to arrive at such a result, was, 
in the first place to request the Mexican commissioners to take the 
projet of the United States as a basis, and to suggest such modifi- 
cations as might seem to them desirable. The result of this re- 
quest was an entire new draught from them; in which but very 
little of our projet was retained, and in which I found very little 
that could be acceded to, at least without material changes, either 
as to substance or as to form. It answered, however, as a basis for 
me to work upon, in preparing substitutes for the articles contained 
in their draught: governing myself by our proj6t, by my instruc- 
tions, and, where these did not touch the subject, by the treaties 
which have been entered into by our country. Where these re- 
sources all failed, I had to rely upon such knowledge as I possess 
of her principles and policy, with respect to the various topics that 
presented themselves. My substitutes led to discussions, in which 
I had to explain why that which had been proposed by them was 
inadmissible, wherein consisted the difference between it and the 
proposed substitute, and why this presented the only way, and the 
only degree, in which the object could be obtained. In this man- 
ner, modifications and remodifications succeeded each other, with 
reference to every topic which the treaty contains; until finally its 
various stipulations were agreed upon, both as to substance and as 
to form. As this was done, the articles were written anew by me, 
translated by one of the commissioners, (Senor Cuevas, who reads 



289 [ 52 ] 

English very well, although he does not speak it or understand it 
when spoken,) and then the phraseology changed in one or the 
other version, or in both, so that the idiom of both languages might 
be preserved, whilst at the same time the treaty should present in 
both a correspondence of expressions as well as a perfect identity 
of sense. In this I had to indulge the gentlemen on the other 
side, (whose language is more peremptory than ours in its require- 
ments for a correct style,) by allowing them to put into what they 
/considered idomatic Spanish the meaning of the articles draughted 
by me, varying the structure as far as they deemed necessary; and 
then myself writing the articles over again in English, so as to 
make them conform to the Spanish. As the result of this labor, 
the treaty, whilst it is both English and^Spanish, and not on either 
side a mere literal translation from the other, will be found to ex- 
hibit a correspondence in the two languages, which is by no means 
common in those which have come under my examination. 

Some things which were proposed and strongly insisted upon on 
the part of the Mexican government, were of a nature to admit of 
nothing but a positive refusal. Among these were the distinct 
proposals, that the treaty should be made under the guarantee of 
neutral powers, and that it should stipulate absolutely for the 
submission of all future differences to arbitration. The stipulation 
on the latter subject, as modified by me, will be found in article 
21. In that shape, whilst it serves to strengthen the treaty in this 
country, it can do no harm, but may do good, as a formal recog- 
nition of the general expediency and duty of using every endeavor 
to settle differences otherwise than by a resort to the ultima ratio. 
Besides the two proposals just stated, the negotiation commenced 
with one to enter into a convention, which, leaving us in pos- 
session of the territory comprehended within our proposed bound- 
ary should submit the whole question between the two countries 
to arbitration. 

The boundary is the one defined in the projet, with a slight va- 
riation at its western extremity: an explanation on which point 
will be found in the accompanying paper, marked A. The one 
marked B, relates to the parallel of 32° as a boundary. Upon en- 
tering on the negotiation, I had, in pursuance of the views pre- 
sented in your despatch of the 19th July, determined to insist upon 
that parallel, from the Rio Bravo across to the Pacific, as a sine 
qua non. Although there told that it was not then intended that 
I should do so, I presumed that the dispositions entertained by 
the President at the present time required that I should do so now. 
But, in forming the determination to insist upon this line, I had 
not adverted to the fact that it constituted an insuperable obstacle 
to the negotiation of a treaty, no matter what its terms might be 
in other respects. This was the case, even if the difference be- 
tween the territory which that line would give us, and that com- 
prehended in the boundary of the projet, should be ever so incon- 
siderable. It mattered not whether it was ten miles or ten feet in 
width, the effect would be all the same: to render a treaty imprac- 
ticable. 

19 



[ 52 ] 290 

The States of Sonora and Chihuahua, which adjoin New Mexico^ 
had solemnly protested against the transfer of a single foot of their 
territory, and against the validity of any such transfer if made. 
This was, therefore, a sine qua non with the Mexican government, 
and one which it was absolutely impossible that it should depart 
from, even if it were ever so strongly disposed to do so, because 
it would have rendered the ratification of the treaty an impossible 
thing. Not only would the delegations of those States have op- 
posed it, but it could not have obtained a single vote in its favor. 
If there be in this country one sentiment more universal and de- 
cided than any other, (and this with especial reference to our 
country, and the design imputed to her,) it is the one which denies 
the possibility of a valid transfer by the general government of 
any portion of the territory of one of the sovereign States. The 
argument on this subject is unanswerable. It is set forth with 
great clearness by the puros (or war-until-annexation party) in the 
manifesto referred to in my despatch of the 26th December, as 
constituting " the last stand made by them in the character of 
members of the expiring constituent Congress against the consum- 
mation of the measure (a treaty of peace) upon which the govern- 
ment is known to them, and to every one, to be intent." Nor 
does it avail to urge against this denial of authority in the general 
government the supreme law of necessity, for it is fortified at this 
point also. It says: If the Union, after having exhausted all its 
means in the defence of its members, finds itself incapable, in re- 
gard to any one or more, of protecting them; in such case, let the 
portion of the republic with respect to which the impossibility of 
defence exists be abandoned for the time. But this inability gives 
no right to the Union to alienate any portion of any State, whether 
it be for the purpose of purchasing peace for the rest, or any pur- 
pose whatever. No such alienation can be valid. 

Thus insurmountable was the obstacle to the adoption of the 
parallel of 32° as the boundary. The only particular i i respect to 
which it was practicable to overstep this limitation to the transfer 
of territory, is the small portion of the State of Tamaulipas, lying 
north of Rio Bravo, and running a short distance up that river; 
which strip of country (extending either to the Nueces, or as far 
as the San Antonio, I do not recollect which, ana *>ave not the 
references at hand) just as certainly constituted a 4 u of that 
State, and not of Texas, at the time when the latter declared her 
independence, as it is certain that the counties of Accomac and 
Northampton do now constitute a part of the State of Virginia, 
and not of Maryland. Tamaulipas, however, has not made any 
protest on the subject; and it is believed that the boundary will 
be silently acquiesced in by her, and that, in view of the extreme 
peculiarity of the case under every aspect, this departure from the 
principle will not be made a point of by those in favor of peace. 

The declaration with which the article on the boundary concludes, 
was a sine qua non on the part of the Mexican government. I 
entertain no doubt whatever of its great importance in respect (o 
the ratification of the treaty; and. my mind is far from being satis- 



291 [ 52 ] 

fied — such is the state of the public mind on this point — that the 
ratification would have been practicable without the aid which it 
gives. It was proposed that it should form an article apart, in 
terms that were inadmissible. In its present form and place, it is 
the result of repeated conversations, and was offered by myself; 
after which, several modifications of phraseology were proposed 
from the other side, a part of which were acceded to, and the rest 
not. 

The indemnity, or amount to be paid by the United States, is five 
millions less than the sum I was authorized by my instructions to 
pay for the same boundary, and which a compliance with those 
instructions would have required me to agree to pay, if necessary 
to secure that boundary, had a treaty been made in September last; 
or, indeed, at any time prior to the receipt of the counter-instruc- 
tions, which (the triplicate thereof) first came to hand on the 16th 
of November, as the department was advised at the time. Taking 
into consideration, on the one hand, the time when the offer of 
twenty millions for the same boundary was made by the United 
States, (not formally or upon paper, but by an intimation from me, 
which was just as binding,) and the period during which that offer 
had remained in force; and, on the other hand, the contents of the 
despatches received by me in November, and those of the Presi- 
dent's message, as regards the increased expenditure of blood and 
treasure attending the prosecution of the war, in connexion with 
the continued disposition of our government not to exact more than 
a fair compensation for that expenditure; taking all these things 
into consideration, and taking also those twenty millions as the 
standard for my government in estimating the deduction which 
should be made from it, to bring the sum into accordance with those 
views, I have deemed it my duty to strike off five millions, and at 
the same time not to reduce the sum any lower. I made the offer 
of the fifteen millions at once, announcing that it was the highest 
point to which I could go. I was not at the time aware that the 
Mexican plenipotentiaries had had their hands tied against accept- 
ing anything less than thirty millions. This was the case, however, 
and it has continued to be the case down to this moment. The 
copies of the treaty for signature, now being made, must stop at 
the l?t'' article, until the government at Queretaro shall have con- 
se r ' . to accept the fifteen millions, upon learning that I have 
remained inflexible upon that point, even at the risk of the treaty 
being lost, and shall have made its election as to the mode of 
payment. 

With regard to the discharge and assumption of claims, explana- 
tions will be found in the accompanying paper, marked C. 

The condition of the inhabitants of the ceded or transferred 
territory is the topic upon which most time has been expended, in 
the modes stated at the commencement of these remarks. It con- 
stituted a subject upon which it was all important that the treaty 
should be guarded at all points, and should recommend itself as 
strongly as possible. Everything proposed on the other side in 
regard to it was inadmissible or objectionable, in substance or 



[52] 



292 



form; and the articles as they now stand are the result of draughts 
prepared by himself, and were repeatedly amplified and otherwise 
altered, to meet the wishes of the Mexican commissioners. The 
stipulations regarding the incorporation of the inhabitants into our 
Union were restricted to the Mexican inhabitants, because, as the 
Mexican commissioners stated, their government has no right to 
enter into such stipulations in regard to the foreigners who may be 
residing in the transferred territory. The right of Mexicans resid- 
ing there to continue there, retaining the character of Mexican, 
citizens, would follow as a necessary consequence from the right 
secured to such citizens by the treaty of commerce, to go and reside 
there. On this point, and for the right secured to such citizens, 
resident or non-resident, to retain the landed property they may 
now own there, a precedent was afforded by our British treaty of 
1794, (articles 2 and 9.) The liberty to " grant, sell, or devise the 
same to whom they please ," I qualified by restricting the right of 
purchase to Mexicans. This stipulation is particularly important 
to landholders on the Rio Bravo, and especially so to the citizens 
of Tamaulipas, the estates of some of whom, situated south of the 
Bravo, are dependent in some respects for their value upon lands 
on the north of that river, which are used as pastures. 

With respect to grants of land made by the Mexican authorities, 
the proviso contained in my instructions was strenuously objected 
to upon a point of national honor and decorum. No such grants 
had been made since the 13th May, 1846. This they knew, and 
consequently the proviso could have no practical effect. But it 
implied that they had been made, or might have been made, and 
that nevertheless the government committed the injustice of revok- 
ing them; which, in fact, it had authority to do. Moreover, it 
involved an acknowledgment that, from the day when hostilities 
broke out on the north of the Rio Bravo, the Mexican government 
had lost the right to make grants of land in any part of its territory 
subsequently occupied by us. Feeling the force of these objec- 
tions, I requested to make sure of the fact stated by them; and 
also, in regard to no grants having been made in Texas since the 
revolution, which had been incidentally mentioned by one of them. 
And this having been done in a manner which left no shade of 
doubt on their minds, the declaration which will be found at the 
end of article 10 was agreed upon, in lieu of the proviso. 

The stipulation respecting grantees who had been prevented 
from fulfilling the conditions of their grants, was taken from the 
Florida treaty; that precedent being modified to meet the neces- 
sity of distinguishing between lands in Texas and those situated 
elsewhere, and of respecting her authority over the subject. This 
did not permit the declaration that the grants within her limits 
shall be null and void, as she might have seen fit, or might see fit 
hereafter, to adopt a different determination. Nor did it permit 
the declaration that they shall not be obligatory upon her, (as I 
had at first written it,) except with the qualification, " in virtue of 
the stipulations contained in this article." On the other hand, the 
right of the United States to stipulate with Mexico in regard to 



293 [ 52 ] 

grants of land in Texas seemed to me, beyond the possibility of 
question, to be involved in the transfer from Texas to the United 
States of the authority to make a treaty of peace between her and 
Mexico. 

The stipulations respecting the Indians inhabiting the transfer- 
red territory, independently of their justice, were indispensable to 
make the treaty acceptable to the northern States, or to any who 
take the proper interest in their security; in a word, to any one 
who has the feelings of a Mexican citizen, or at least respect for 
the obligations which a federal union imposes. Excepting only 
the specific prohibition against supplying the Indians with fire-arms 
and ammunition, (if, indeed, this can justly be deemed an excep- 
tion,) those stipulations contain nothing which is not expressed or 
plainly implied in the treaty of amity, commerce, and navigation, 
(article 31,) which is revived in the present treaty of peace. But, 
to make the article what it must be, to satisfy the public mind of 
this country, it was necessary that those implied obligations should 
be set forth in detail, and expressed in the most unequivocal man- 
ner. Upon examining the old treaty, I found that it imposes abso- 
lutely, and without any saving or qualification whatever as to the 
practicability of the thing, the obligation "to restrain" by force, 
<$ all hostilities and incursions," and "not to suffer their Indians to 
attack;" and also, in regard to captives made by Indians, "to re- 
turn them to their country as soon as they know of their being 
"within their respective territories." I found, also, that the last 
sentence is so worded as to restrict the prohibition against the pur- 
chase of captives, in a manner which could not possibly have been 
intended. In the new treaty the obligations above referred to are 
expressed with the qualifications demanded by the nature of the 
subject, in order that they may have the character of a practical 
law, agreed upon and established upon serious consideration of 
its requirements, and in the bona fide intention that these shall be 
fulfilled; an intention which stands exposed to serious doubt, when 
engagements entered into " in the most solemn manner" are found 
expressed in a manner so loose, that their exact fulfilment, as ex- 
pressed, involves impossibilities. 

The stipulations concerning merchandise imported into the coun- 
try during our occupation of its ports required to be put into their 
present form, in order that they might not have the effect of plac- 
ing such merchandise, with respect to its introduction into places 
not occupied by our troops, on a better footing than if imported in 
a time of peace; which, even if it could have been demanded con- 
sistently with justice, was, in a practical point of view, impossible, 
by reason of its incompatibility with the execution of the State 
and municipal laws regarding this subject. To discriminate in 
this regard between merchandise imported through ports oc- 
cupied by us, and other merchandise, would have been practi- 
cably impossible, owing to the temptation and facilities it would 
have afforded to frauds, and the endless controversies, complaints, 
and claims to which it would have given rise. For the same rea- 
son, the right to reship was restricted to goods in the ports; other- 



[ 52 ] 294 

wise it would have put it in the power of any one, under the pre- 
text of going to a port of reshipment, to traverse the republic with 
goods, passing through whatever plates he pleased, and dropping 
them on the way. 

The last article is founded on one contained in our treaty with 
Prussia, of 1785, (which bears the signatures of Benjamin Franklin, 
Thomas Jefferson, and John Adams.) In the first draught pre- 
sented by the Mexican commissioners, the article had been copied 
from the Prussian treaty. After making in it such modifications as 
seemed to me desirable, it was agreed upon in that shape. 

The preamble, also, after a few modifications, was adopted from 
the draught of the Mexican commissioners. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



[Enclosure in No. 27.] 

c. 

Memorandum. — Saturday night, January 22, 1848. 
ASSUMPTION OF CLAIMS. 

The article on this subject, (article VI.,) as it stands in the orig- 
inal project from Washington, was objected to by the Mexican 
commissioners, (as respects the non-liquidated claims,) on the 
ground of the questions and discussion for which it affords room, 
in consequence of the assumption and the discharge being blended 
together, and the former being limited in point of amount, and 
otherwise qualified; thereby affording ground for the objection, 
when the treaty shall come under discussion, that, in the very na- 
ture of things, the discharge could not but be limited and qualified 
in the same way. To my answer that the article closes with a 
complete discharge "from all liability for any of the said claims, 
whether the same shall be rejected or allowed by the said board of 
commissioners;" and, consequently, whatever the amount of those 
allowed might be, and even whatever the amount of those pre- 
sented might be, although they should be rejected on no other 
ground than that they were " not embraced by the principles and 
rules" prescribed to the board of commissioners; they replied, that 
all this, however true it might be, was matter of inference, and 
left room for argument and discussion on the part of those dis- 
posed to find fault with the treaty; and ihey insisted upon the in- 
dispensableness that its stipulations on the subject should be so 
clear, and definite, and precise, as to preclude all possibility of 
doubt or of argument. 

They proposed that there should be no limitation of the amount 
as to this class of claims, either in connexion with the discharge 



295 [ 52 ] 

or with the assumption. I at once told them that in regard to the 
latter, the amount must be limited. This was a sine qua non. 
6i Why?" They could not see any reason for this, and it seemed 
to them to involve a contradiction that Mexico should receive an 
unqualified discharge from a class of claims, the amount of which 
could not be precisely known at the time the discharge was given, 
and yet that the amount assumed by our government should be 
a limited one. Suppose that the amount of the claims allowed by 
our board of commissioners as just, should exceed that limit; what 
would the United States do then? 

I answered, that, in the first place, the limit which had been fixed 
was founded on data sufficient for a near approximation to the high- 
est sum which, in all probability, could be necessary for paying the 
just claims; and that, in the next place, if that sum should prove' 
insufficient, the discharge given to Mexico would present a case for 
the justice and equity of our Congress, in respect to which there 
was no danger of its being disregarded. Because the obligation to 
pay now contracted was limited to a certain amount, it did not at 
all follow that if justice should require the payment of a larger 
amount, provision would not hereafter be made for paying the ex- 
cess. But that this obligation should, in respect to the amount to 
be paid, be limited in the treaty, was a sine qua non which it was 
a waste of time to talk of my departing from; because our Senate 
could not be called upon to vote upon a treaty containing a stipu- 
lation of this kind, without their being informed what was the ex- 
tent of the obligation so incurred — without their knowing that it 
had a limit, and what this limit was. This limit might, it is true, 
be ascertained without its being inserted in the treaty. This was 
not, in the nature of things, impossible; but it was so, in a practi- 
cal sense, when considered with reference to the action of the 
Senate upon a treaty. Viewed under this aspect, the only way of 
treating such a question was, to cut it short by fixing a limit to the' 
sum which the Senate should, then and by that vote, consent to 
place the nation under the obligation to pay. Nor did such re- 
striction of this obligation weaken the force of any other or fur- 
ther obligation which might be involved or implied in the discharge, 
given to Mexico, any more than it weakened the force of any other 
stipulation contained in the treaty; its sole effect was to leave that 
other or further obligation, whatever it might be, to be judged of 
and dealt with by itself. It was perfectly evident, too, that it 
could not possibly have any such effect as that of qualifying in any 
manner the discharge given to Mexico by the sentence with which 
.the article closes, as it stands in the projet. 

Although I was thus positive in regard to specifying a limit, in 
connexion with that part of the agreement which binds us u to as- 
sume and pay," I was fully sensible of the indispensableness that 
the wording of the treaty on this whole subject of claims (for it 
is the one above all others on which the Mexican mind is most sore 
and suspicious) should be such as to preclude the possibility of 
discussion and of doubts, real or pretended. I was aware, too, 
that the article, as it stands in the projet, is not well adapted to 



[52] 



296 



this object; that, however easy it may be to an English reader to 
ascertain its import with reference to any question that may be 
started in regard to the nature or extent of the obligation expressed 
by it, its form and texture, beginning with an assumption of the 
class of claims there specified, connected with a limitation of the 
amount, and then the qualification that they "shall be found justly 
due," and then the "proviso," and the discharge following after all 
this, are riot at all favorable to its import being satisfactorily seized 
by a Spanish mind; habituated, as those minds are, and necessarily 
become from the very nature of their beautiful and noble language, 
to the most lucid, precise, and logical modes of statement and ex- 
pression on all subjects. In a word, the article when translated, 
although accurately translated, presented a maze which perplexed 
and racked the brains even of the commissioners (men of very clear 
heads and great ability) in the attempt to follow it out. 

It was indispensable, therefore, to take the article to pieces, in 
order that its substance might be incorporated in separate and per- 
fectly distinct stipulations. The final result of this labor on my 
pait (which, as regards mere form, was adapted to the wishes of the 
Mexican commissioners) will be seen in articles 13, 14, and 15; 
the substance of which differs from that of the projet in the two 
following particulars, and in these only: 1st. In substituting, as 
regards the non-liquidated claims, the words " which may have 
arisen previously to the date of the signature of this treaty ," for 
" which may have arisen previous to the \2th of May, 1846." 2d. 
In extending the limit with respect to those claims, to "three and 
one quarter millions ," instead of "three millions." 

The discharge given to Mexico is contained in the XlVth article. 
This, with the exception only of the extension of the period just 
specified, is in substance identical with the discharge expressed in 
the project. Upon carefully examining the latter, in order that this 
identity might be preserved — absolutely in point of substance, and. 
as closely as possible in point of phraseology — I thus arrived a % t 
the substance of the discharge. 

The article, as it stands in the projet, concludes as follows: 
"And the United States do hereby forever discharge the United 
Mexican States from all liability for any of the said claims, whether 
the same shall be rejected or allowed by the said board of commis- 
sioners." 

What is the meaning here of "the said claims?" The answer to 
this question is found in that portion of the preceding passage 
which is underscored in the following quotation of the entire pas- 
sage: « 

"And the United States also agree to assume and pay, to an 
amount not exceeding three millions of dollars, all claims of citi- 
zens of the United States, not heretofore decided against the gov- 
ernment of the United Mexican States, which may have arisen pre- 
vious to the \2>th of May, 1846, and shall be found to be justly due 
by a board of commissioners to be established by the government 
of the United States, whose awards shall be final and conclusive: 
Provided that, in deciding upon the validity of these claims, . the 



297 [ 52 ] 

"board shall be guided and governed by the principles and rules of 
decision prescribed by the first and fifth articles of the unratified 
convention, concluded at the city of Mexico on the 20th day of 
November, A. D. 1843; and in no case shall an award be made in 
favor of any claim not embraced by these principles and rules." 

Whatever might be the perplexity occasioned by this passage to 
a Spanish mind, and whatever might be the pretexts afforded by it 
for discussion in the Mexican Congress, its meaning is perfectly 
clear to any English reader. Taken in connexion with the dis- 
charge, as expressed in the sentence "And the United States do 
forever discharge," &c, which immediately follows, it is certain 
that this discharge embraces "all claims of citizens of the United 
States, not heretofore decided against the government of the United 
Mexican States, which may have arisen previous to the thir- 
teenth of May, 1846;" and that it is in no manner whatever affected 
by the limitation "not exceeding three millions of dollars," nor by 
the qualification "and shall be found justly due," &c. That this 
limitation and qualification apply solely to the obligation to pay, 
and cannot by any possibility be understood as attaching to the 
discharge, is proved conclusively by the fact that the discharge, 
although restricted to "the said claims," goes on to say, "whether 
the same shall be rejected or allowed by the said board of com- 
missioners." Not only does this addition exclude the possibility 
of any such interpretation of the article as would attach the limi- 
tation and qualification in question to the discharge, but it does 
more: it makes the discharge still more comprehensive than it 
would necessarily be from that mere exclusion. It makes it extend 
beyond the class of claims "embraced by the principles and rules" 
referred to; for the board being, as it is, bound not to give "an 
award in favor of any claim not embraced by these principles and 
rules," it follows that the want of this requisite alone must consti- 
tute the ground for the rejection of all claims which, being brought 
before the board, shall be found wanting therein. Consequently, 
if any such claims shall chance to be presented, they must be "re- 
jected;" and must, therefore, take their place among those from all 
liability for which the Mexican government is forever discharged. 

Having thus satisfied myself as to what constitutes the substance 
of the discharge given to Mexico by the article'as it stands in the 
projet, and that, without its being in any manner affected by such 
separation, it could be separated from the context, and made the 
subject, by itself, of a stipulation distinct from all others, I adopted 
this course, and made it constitute the XlVth article. 

For such separation of the discharge, stipulation from the one 
which assumes to pay, the Florida treaty affords a precedent. It 
affords one, likewise, for making the date of the signature of the 
treaty the limit of the period with reference to which the discharge 
is given. Upon this point, the Florida treaty says, "reciprocally 
renounce all claims for damages or injuries which they themselves, 
as well as their respective citizens and subjects, may have suffered 
until the time of signing this treaty.'''' In the specification which 
follows, it says, "all claims of citizens of the United States upon 



[52] 



298 



the Spanish government, statements of which, soliciting the inter- 
position of the government of the United States, have been, pre- 
sented to the Department of State, or to the minister of the United 
States in Spain, since the date of the convention of 1802, and 
until the signature of this treaty." The treaty being made at 
Washington, the discharge did, therefore, embrace, either in fact 
or by possibility, claims of which the government of the. United 
States could possess no knowledge at the time of giving the dis- 
charge. The present treaty, retaining the phraseology of the 
projet, and changing #nly the period of time, reads, "which may 
have arisen previously to the date of the signature of this treaty," 
&c. 

In this deviation from the projet, I have not, however, been go- 
verned or influenced by the precedent. My motive was, the strong 
considerations, both of justice and of expediency, by which it was 
recommended, and under the influence of which I had made up my 
mind to offer it, before a word had passed between the Mexican 
commissioners and myself. When we came to this subject, they 
proposed to fix the date of the exchange of ratifications as the limit 
to the period in question. They urged this strongly; and they 
gave what I believe to be good and substantial reasons for so doing, 
which reasons may be summed up in the single fact stated to me 
by Senor Couto, who has filled the post of minister of justice, and 
who (as was remarked to me by a foreigner residing here, and one 
whose judgment on such a point I consider as much entitled to re- 
liance as that of any person known to me) is really, and truly, u a 
character without a blemish." This character without a blemish, 
the purity of whose life, in all respects, would, so far as my belief 
goes, advantageously compare with that of any man living in any 
country, said to me: "****** 

And the same is the case with respect to almost every judicial pro- 
ceeding in which a foreigner is involved. Let its legality, and 
justice, and equity be ever so manifest, still the complaint and 
claim for indemnity is sure to come up." Upon this point, how- 
ever, I was governed by the precedent; and I fixed myself upon it 
as one beyond which I would not go: not that I believed that the 
extent of the obligation on our part would, as to its practical con- 
sequences, be varied a hair's breadth by adopting the limit pro- 
posed by them in place of the time of signing the treaty; for I 
considered it as scarcely within the bounds of possibility that, under 
existing circumstances, a single just claim should arise between 
the signing of the treaty and its ratification. But, as there was 
already a precedent for the one period and not for the other, I 
was resolved to adhere to the precedent, simply and solely for the 
sake of avoiding all unnecessary multiplication of the questions 
to which the treaty would give rise when it should come ander ex- 
amination. 

The considerations to which I have adverted as those which de- 
termined me to make the offer, I will not succinctly state. There 
is no point at which the treaty could be more effectually fortified, 



299 [ 52 ] 

and none at which it was more important that it should be secured 
against objections, and made acceptable to the Mexican people, 
than the one here under contemplation; the subject of claims being, 
as I have already said, the one upon which they are most sore 
and suspicious, and in regard to which, any security afforded them 
would be most effectual in producing general satisfaction. On 
this subject, their feelings are those of a covey of partridges, with 
reference to the hawks that visit the region where they inhabit. I 
do not, here, enter into the causes of this feeling, nor into the in- 
quiry whether just grounds for it have, or hare not, been afforded. 
I merely state the fact that it exists; and to this fact every impar- 
tial foreigner, who has been among them, will bear witness. 

With respect to the period intervening between the date fixed in 
the projet (the commencement of hostilities) and the signing of 
the treaty, I had no doubt tkat claims to a very great amount would 
be brought, founded on alleged infractions of the 26th article of 
the treaty of 1831; whilst, on the other hind, I had as little doubt 
that the amount of just claims of this description would be very 
inconsiderable indeed. My mind is not, by any means, satisfied 
that there is a single one which our country would be under any 
equitable obligation to exact indemnity for, even if she could do 
so at far less cost to herself than the prolongation of the war by a 
single day, or a single hour. I doubt, indeed, whether there be a 
single case of the kind, whatever be the losses which the party 
may allege, or may, in truth, have incurred, which an impartial 
tribunal, untrammelled by any rule save the obligation to obey the 
dictates of an enlightened equity, would make the ground for a 
decree of indemnity at the expense of the community where those 
losses occurred, or of any one except those by whose acts they 
were brought about. 

So far as the article referred to concerns merchants, an equitable 
claim upon the people of the United States, either to exact or to 
pay an indemnity for losses incurred by individuals of that class, 
in consequence of a violation of the stipulation which the article 
contains in their favor, even supposing this violation to be clearly 
proved, and to be clearly proved to have not been (as, under such 
circumstances, it must prima facie be presumed to have been) an 
inevitable consequence of the state of war; such equitable claim, 
even with these things all in its favor, manifestly requires, more- 
over, that the party shall have shown due diligence in using the 
time which that stipulation allows for extricating himself from the 
consequences naturally incident to a residence upon the theatre of 
hostilities; among which consequences is the constant risk of that 
vis major which overrules all law, and which might at any mo- 
ment, even although that time had not expired, render his removal 
a measure of permanent military necessity, absolutely indispen- 
sable to the defence and safety of the country. No such title cer- 
tainly could be pleaded — there would not be the slightest pretext 
for the claim — on behalf of one who had allowed the whole time 
to expire. Nor could it be pleaded on behalf of one who had al- 



[ 52 ] 300 

lowed any part of that time to pass withot giving proof of an ani- 
mus altogether the reverse of that of continuing where he was. 

The same considerations apply, in a great measure, and in some 
respects yet more forcibly, to persons other than merchants, who, 
finding it to their account to do so, had seen fit to continue in the 
enemy's country. The stipulation made in favor of such persons 
could never be construed into an obligation on part of the country, 
which, for their own profit and advantage, they had abandoned in 
order to establish themselves in another, either to indemnify them 
at the expense of those of her citizens who had been content to 
remain at hoYne, for any losses they might have sustained as a con- 
sequence of the election they had so made, or to prolong the war 
indefinitely, until the enemy should consent to take* the burden of 
such indemnity upon himself; or, which practically amounts to the 
same thing, should agree to remain subject to a claim, for that in- 
demnity after peace should have been made. Nothing but a case 
of the very clearest and strongest kind that can be conceived — a 
case of deliberate wrong altogether unprovoked, altogether uncal- 
led for by the exigencies of war, altogether unconnected with its 
casualties — could warrant any such expectation on the part of any 
person who, having seen fit to seek in a foreign country a more ad- 
vantageous field for carrying on his trade than the one afforded by 
his native land, had found it for his advantage to remain there af- 
ter the two nations had become involved in war. And even in a 
case of this kind, the question would still be between justice, 
naked justice, and nothing more, to the millions who had remained 
at home, and favor, gratuitous favor, to the few who had elected to 
go abroad and settle there in order to be better off than those who 
remained at home. 

I am old enough to recollect that during our last war with Eng- 
land many British subjects, merchants and others, were required to 
leave New Orleans, and I think other places on the seaboard, for 
the interior of our cou ltry. I find in our treaty of 1194 with that 
nation, (article 26,) stipulations similar to those contained in our 
treaty with Mexico, and still stronger; for they not only secure to 
"merchants and others" "the privilege of remaining and continu- 
ing their frade'so long as they behave peaceably, and commit no 
offence against the laws;" but they require that, even "in case 
their conduct should render them suspected, and the respective 
governments should think proper to order them to remove, the term 
of twelve months from the publication of the order shall be allowed 
them for that purpose," &c. - In the treaty of peace of 1814, nor 
in the subsequent conventions, I find no provision for indemnify- 
ing such British subjects for the losses sustained by them in conse- 
quence of their expulsion from the places where they were carry- 
ing on their business, under the guarantee afforded by these stipu- 
lations. 

While examining the recent work of Monsieur de Mofras, in 
quest of geographical information respecting the line of division 
between the Californias, I came to the following passage, (vol. 2, 
p. 473:) "We know only the decision of England as arbitrator, 



301 [52] 

which denies to the French, expelled after the capture of San Juan 
d'Ulloa, all manner of indemnity for the losses caused by that ex- 
pulsion." Now the expulsion here referred to was, by a decree 
wkich operated throughout the republic, upon all French subjects 
en masse, without being founded upon special reasons in individual 
cases, either as to persons or places. A considerable number sailed 
from the country, and a far greater number had to break up their 
business, abandon their abodes, and depart with their families for 
the seaports, before the operation of the decree was arrested. In 
this way, many hundreds in one body left the city of Mexico. I 
have not been enabled to obtain a copy of the decision given by the 
British government in this case, nor of the stipulation by which the 
question was submitted to arbitration. I am therefore, uninformed 
as to its precise nature, and as to the principles upon which the de- 
cision rested. But, inasmuch as no treaty existed between France 
and Mexico, the base cannot have been submitted as turning upon 
a question of interpretation, or of strict law, in any way. It must 
have been submitted as a case in equity, as one depending upon 
equitable 'principles, in their application to the relation which, 
agreeably to the received doctrine in regard thereto, exists be- 
tween the foreign residents of a country and the government of 
that country, when war exists between it and the one to which, 
they belong. 

But, whatever may be the principles which shall be deemed to 
afford the proper rule in regard to cases of this description, and 
looking only to the loss of property actually incurred, my convic- 
tion is, that the amount cannot but be very inconsiderable, and that 
it could be made to appear otherwise only by fictions and by esti- 
mates of consequential losses, based upon the assumption, that the 
parties were entitled to be insured, at the expense of our country, 
from the breaking up of their business, and other ordinary inci- 
dents to war; incidents similar to those which commonly attended 
the state of war, even in places. remote from the state of hostilities, 
and which would, in our own country, affect in a greater or less de- 
gree the business of every one of her citizens residing in or near 
a place captured, or besieged, or threatened, or blockaded by the 
enemy. 

In view of the addition of the period of the war to the term for 
which the discharge from claims is given to Mexico, I have added 
one quarter of a million to the three millions fixed by the projdt, 
as the extent to which claims, if found just, shall be paid. I have 
made this addition, not that I believe that the claims arising during 
the war, which shall be found just, will amount to anything like this 
sum, or that the three millions will not prove more than sufficient 
to cover the whole, but because the offer of the three millions, with 
reference to those arising before the war, having already been 
made and become publicly known, it seemed proper that the ad- 
dition made to the discharge should not appear, except accompa- 
nied by some increase of the sum. As it is only in the event of 
the claims being found justly due, that this increase takes effect, 
^o necessity existed for limiting its amount to that of an estimate 
'iregard to the sum total of these claims. 



[ 52 ] 302 

[The following papers were inadvertently omitted in their proper order.] 

[No. 9.] Puebla, July 23, 1847. 

## # * # # # * 

In my No. 8, under date the 7th instant, I transmitted a copy o 
a letter addressed by me to General Scott, under date the 25t] 
June, and his reply to the same-. This constituted the commence 
inent of our official intercourse with reference to- the duties wit] 
which I am charged. Justice — to say nothing of my own feeling 
towards a gentleman and a public servant, whose character I no\ 
believe that I had entirely misconceived — demands that I shoub 
eribrace this early opportunity to say that his whqle conduct in thi 
regard has been characterized by the purest public spirit, and 
fidelity and devotion which could not be surpassed, to the views o 
the government in regard to the restoration of peace. This spiri 
on his part — as will clearly appear when the details are communi 
eated — has manifested itself, not in a passive way merely, (as migh 
be supposed from the nature of our relative positions t and duties, 
but in a disposition to assume responsibility — and responsibility o 
the gravest kind — in utter disregard of consequences to himself 
And this disposition — or rather, this readiness and fixed determina 
ti on — on his part, although the occasion which has called it fort] 
did not relate to the discharge of his military duties, strictly speak 
ing, has not required any appeal from me to elicit it, but has mani 
fested itself in the most spontaneous and patriotic manner. Unde 
these circumstances, it would not but be a cause of the most seriou 
regret on my part if the correspondence between us, that took plac 
shortly after my arrival in this country, should in any way h> 
brought to the notice of the public; and, consequently, if in you 
judgment consistent with propriety, it would be highly gratifying 
to me to be permitted to withdraw it from the files of the depart 

ment. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 

Hon. James Buchanan, 

Secretary of State. 



[Enclosure with Mr. Trist's despatch No. 9.] 

Message of the President, (Santa Anna,) through his Secretary o, 
State, to the Mexican Congress, July 16, 1847. 

It commences with a succinct but perfectly lucid and candid state 
ment of what has occurred, beginning with the note of our govern- 
ment of the 17th June, 1845, and ending with that of the 15th Aprr 
last, which is represented as saying, that inasmuch as the objectior 
to receiving Mr. Slidell was the too great amplitude of his charac- 



303 [ 52 ] 

ter, the United States now send Mr. N. Trist, who, although a per- 
son of standing in the republic, being the second officer of the min- 
istry of foreign relations, is not invested with any character beyond 
that of commissioner, nor any mission or faculties beyond treating 
of the means of terminating the war, &c. It then proceeds: 

u H. E. the President ad interim, Don A. L. S. Anna, who was 
called upon by the nation to conduct the war of defence against 
the United States, in the war of invasion which these are prose- 
cuting against it, of rare example in history for its injustice, &c.$ 
and who, responding to this call of his country, and to the impulses 
of his heart, has led the army even beyond the desert to seek the 
enemy," [here S. A.'s exploits.] " H. E. the President, I say, who 
has done and is doing all in his power to push the war, found him- 
self, nevertheless, with this business begun; and not wishing to do 
aught but the will of Congress, as the interpreter of that of the nation, 
which had specially assigned to it the duty of taking cognizance of 
everything relative to the war, he referred this note [Mr. Buchanan's] 
to them, that they might consider and determine upon it. Having 
[the minister] laid before him the note of your excellencies [the 
secretaries of Congress] communicating the determination taken on 
the subject, he directs me to reply, saying to your excellencies, in 
order that you may be pleased to communicate the same to Con- 
gress, that he entertains a sincere doubt of law in regard to the in- 
terpretation which should be given to their said resolution. It is 
therein said that, in the present posture of the business, its cogni- 
zance belongs to the Executive. 

11 Had the object for which the Executive referred the note of 
the Secretary of State of the United States been, that he might 
know his powers; and, more clearly still, if what he meant to re- 
quest had been an opinion in regard to which is the proper branch 
of the government to initiate, or to accept an initiative, for the 
opening of treaties of peace — in such case the reply would have 
been categorical. But no doubts having occurred to the Executive 
in regard to the extent of, or the time and restrictions of the powers 
conferred upon it by the fundamental code, the necessary determi- 
nation asked for by it is, whether, using those powers, and confining 
himself in so doing to the restrictions of the fundamental code, it 
shall answer the note by saying that it will hear, or that it will not 
hear, the propositions which it is desired to make to it. For the 
dignity of this nation, this note cannot remain without reply, a re- 
ply which the commissioner is now awaiting at. the city of Puebla, 
unless this also should be so resolved by Congress. And if it is to be re- 
plied to, the Executive does not wish to do aught butthe will of Con- 
gress. It does not suffice that Congress should leave it at liberty free- 
ly to use its constitutional powers in regard to the business as it now 
stands; and for which renewal of confidence I am instructed by the 
Executive to express its most submissive thanks. This does not 
suffice, because another law, (that of the 20th April last,) which, 
although secondary, is yet ad hoc, and was passed by Congress in 
fulfillment of its mission to take cognizance of all things relative 
to the war, conflicts with the present resolution of Congress, and 



[ 52 ] 304 

appears to have been enacted for the purpose of prohibiting to the 
Executive, in the present state of the business, the exercise of 
the faculty conferred upon it by the constitution. This is the 
doubt of law, in regard to which he makes a formal request that it 
be cleared up by means of another law or decree. In that of 
the 20th April, it is said that the Executive shall not have power 
to make peace with the United States, nor to conclude negotiations 
with foreign powers; the faculty conferred upon the Executive by 
the constitution, in regard to the present posture of this business, is 
that of making treaties," &c, &c. 

"It is not true that if the decree of the 20th April had not been 
passed, still the principle of the fundamental code would have 
been in full force, whereby peace <^ould not have been made, how- 
ever many treaties the executive might have made for its estab- 
lishment, so long as those treaties should not have been approved 
by congress? Most certainly it is. Consequently, if this decree did 
not divest the executive of the faculties conferred upon it by the 
fundamental code with reference to the present state of the subject, 
the decree would be perfectly inoperative, or would indicate an 
ignorance or an obliviousness on the part of the legislators which 
is not to be supposed. 

"On the contrar--, so strongly is it to be supposed that such was 
their intention, that when the other states of the world are men- 
tioned with reference to the restrictions upon the faculties of the 
executive, the constitutional doctrine is repeated, by way of re- 
calling to. mind the restriction imposed by the code. The execu- 
tive shall not have power to make peace with the United States, 
and it cannot conclude with the other powers. With the decree, 
or without the decree, it can never conclude matters which have 
been negotiated with any power, whether the United States or any 
any other; therefore, with regard to the others it says conclude; 
with regard to the United States, make," &c, &c. 

"Now, that this decree is still in force since the adoption ar^l 
publication of the constitution, is a point which it had never oc- 
curred to any one to raise a doubt about until now. If this de- 
cree was nassed by a congress, summoned to take cognizance of all 
things relative to the war with the United States, it is clear that, 
the war still subsisting, and the congress still subsisting, the decree 
also still subsists, &c, &c. 

"If the present congress should see fit that the decree of the 20th 
April shall not remain in force, it would be necessary expressly to 
repeal it, because congress by various acts has recognised it as 
subsisting," &c, &c. 

"But this is not the subject in hand. These aggressive enemies 
of ours, whom the general president has fought and is ready to 
fight again, say to us, now that here is the commissioner, such pre- 
cisely as the Mexican executive (who was not General Santa Anna) 
consented to receive and to listen to: Without listening to him, it 
cannot be known if peace is dishonorable. Will you hear? This 
is the question," &c. 

"Finally, and to conclude in a word, I am commanded by H. E. 



305 [ 52 ] 

the president to say to your excellencies, in order that you 
may be pleased to say it to congress, that the nation is the only 
arbiter of its destiny; and as this is to be staked, and perhaps to 
he decided, in this struggle, and because in the question, to hear or 
not to hear that which it is desired to propose to the nation, the ex- 
ecutive does not wish to do its own will, but that of the nation, it 
desires to know what this is: to none except its representatives 
can the executive address the inquiry. The executive expressly 
requests of congress that it declare if it be the will of the nation 
not to listen to propositions of any sort which may come from the 
United States. 

I offer, &c, &c. God and liberty!. Mexico, July 16, 1847. 

R. PACHECO. 



[No. 10.] Puebla, July 31, 1847. 

Sir: In my last I said, "I consider the probabilities of an early 

peace very strong." * * * 

* # # # # # # 

We had intelligence last night of General Pierce, from Colonel 
Wynkoop, governor ot Perolc ; which place General P. doubtless 
reached last night, and will leave to-morrow morning. Allowing 
him three days for the march hither, and as many more to rest and 
recruit, we shall, in all probability, be on the march to Mexico in 
a week from this time, with from 8,000 to 8,500 men, a force abun- 
dantly — I may say overwhelmingly — sufficient to dispose of the 
30,000 congregated in and about Mexico, and to add another hun- 
dred or two of pieces to the cannon that has passed into our hands. 
We are, however, I feel quite sure, not destined to enter the city: 
so entirely was I mistaken when I said that a march upon it and 
its occupation were convertible expressions. After trying his for- 
tune, not without hope, it seems, that she may smile upon him at 
the Penon, (see Venta de Mexico in Manouvrier and Snell's re- 
cently published chart of the road — taken, I think, from Hum- 
boldt,) or whatever point we may decide upon first carrying, S. 
A. will, whether successful or unsuccessful in his resistance, con- 
trive to have himself entreated to negotiate an armistice, for the 
appointment of commissioners. The only point which I consider 
at all problematical — for I feel as certain in regard to the rest 
as one can well feel on such a subject — is whether congress can 
be kept there, and prevented from scattering to the four winds; in 
which latter event, ratification would be a hopeless thing; and this, 
being evident, would probably prevent the negotiation of a treaty. 

The Diario del Gobierno of the 24th, 25th, and 26th instant — 
slips from which are referred to in No. 1 — will be sent to you en- 
tire from the office of the New Orleans Delta, with the correspon- 
dent of which here I long since made the arrangement in regard 
to all newspapers transmitted by him, that they are to be forwarded 
to you. Every addition to what the courier has to carry increases 
the chance of his detection and capture. This was one of the rea- 
20 



[52] 



S06 



sons for this arrangement, (not to double the bulk of newspapers;) 
the other being, that he olten obtained paptrs which were the only 
ones that had come to the city. 

I am, sir, very respectfully, your obedient servant, 

N. P. TRIST. 
Hon. James Buchanan, 

Secretary of State. 

No. 1, — Extracts. "You will no doubt have been amused at the 
mutual endeavors of Congress and Santa Anna to put the respon- 
sibility of entering into negotiations upon each other; so far, con- 
gress have succeeded; for although S. A. addressed them the plain 
question of whether they wished peace or war, he was unable to 
make them meet to give him an answer; * * 



CORRESPONDENCE 



BETWEEN 



THE SUPREME GOVERNMENT OE MEXICO 



GENERAMNCIUEF OF THE AMERICAN ARMY, 



THE COMMISSIONER OF THE UNITED STATES. 



[52] 



308 



Head-quarters Army of the U. S. of America, 

Coyoacan, August 21, 1847. 

Gen. Scott to Sir: Too much blood has already been shed in this 
President of unna t ura l war between the two great republics of this 
continent. It is time that the differences between them 
should be amicably and honorably settled. Your excel- 
lency knows that there is with this army a commissioner 
on the part of the United States invested with plenary 
powers to that end. In order to open the way for the 
two republics to enter into negotiations, I desire to ex- 
ecute, on reasonable terms, a short armistice. 

I await with impatience until to-morrow morning for 
an answer to this communication; but in the meantime I 
will take and occupy such positions without the capital 
as I may consider necessary to the shelter and conveni- 
ence of this army. 

I have the honor to remain, with high consideration 
and respect, your excellency's most obedient servant, 

WINFIELD SCOTT. 
To his Excellency the President 

and general-in-chief of the republic of Mexico. 



War and Navy Department', 

Section of Operations. 

Reply of Min- Sir: The undersigned, Secretary of War and the Navy 
ister of War. f t^ e government of the United States of Mexico, has- 
received orders from the most excellent President gen- 
eral in-chief to answer the communication of your ex- 
cellency, in which you propose to him to enter into an 
armistice, with a view to prevent the further effusion of 
blood between the two great republics of this continent, 
and to hear the propositions which may be made to that 
end by the commissioner of the most excellent President 
of the United States of America, who is at present at 
the head-quarters of your array. 

It is certainly lamentable that inconsiderate regard to 
the rights of the Mexican republic has led to the shed- 
ding of blood by the two first republics of this Ameri- 
can continent, and with great exactness your excellency 
has characterized this war as unnatural — not alone for 
its motives, but likewise on account of its being pro- 
duced by two nations whose interests and relations are 
identified with each other. The proposition of an armis- 
tice to terminate this scandal has been accepted with 
pleasure by his excellency the president general-in- 
chief, because it will open the way through which the 
propositions of the commissioner of the President of the 



309 [ 25 ] 

United States of America for the decorous termination 
of this war may be listened to. 

In consequence, his excellency, the president general- 
in-chief, has ordered me to announce to your excellency 
that he admits your proposition to make an armistice, to 
effect which he has nominated the Brigadier Generals 
Ignacio Mora Villamil and Benito Quijano, who will 
meet at the hour and place you may appoint. 

His excellency the general president has instructed 
me to communicate to your excellency his willingness 
that the army of the United States shall take commodi- 
ous and furnished quarters, hoping they will be found 
without the range of shot from the Mexican fortifications. 

I have the honor to be, with high consideration and 
respect, your excellency's most obedient servant, 

ALCORTA. 

To his Excellency Winfield Scott, 

General-in- chief of the Army of the U. States. 

Copy. — Mexico, August 21, 1847. 

MANUEL MARIA SANDOVAL. 



Most Excellent Sir: All Mexicans, but more espe- Minister of 
cially the inhabitants of this capital, are witnesses of the ^. ela p lon ^j t( i 
.extraordinary efforts made by the most excellent presi- f Confess, 
dent ad interim to reunite an army capable to combat calling on. 
the army of the United States, and to recuperate the therato raeet * 
lustre of the arms of the republic. They have likewise 
witnessed the intrepid v:.lor with which he exposed his 
life in the combat until victory frowned again upon him, 
and now the enemy is found at the gates of the city. 

Under these circumstances, and whilst the inhabitants 
of the populous Mexico have made all kinds of sacri- 
fices to carry on the war, it is one of the most imperious 
duties of the first magistrate to prevent the irreparable 
evils of an assault, and to avoid all the consequences of 
a violent occupation. To this end, availing himself of 
his constitutional powers, and in conformity with the 
resolution of the general congress communicated on the 
16th of July last, he has resolved to hear the proposi- 
tions which Don Nicolas Trist has come to make and 
negotiate on the part of the United States. In the mean- 
time there will be a suspension of arms. 

Inasmuch as this affair is of great interest to the repub- 
lic, the excellent sor. president desires that the national 
congress may take in it such part as may correspond to 
it, for which purpose he ordered me to urge your excel- 
lency to use all the means in your power to convoke the 
members of congress in session at 12 m. this day. 



£52] 



310 

I reiterate to you the assurance of nay distinguished 
consideration. 

God and liberty! Mexico, August. 21, 1847. 

J. R. PACIIECO. 

To the Most Excellent Sor. President 
> of the soverign congress. 



Secretary's Office 
Of the sovereign constituent congress of Mexico. 

Ilcply. Most Excellent Sir: As soon as I received your note 

of this day, I took the necessary measures to cite the 
members of congress; but at 3 o'clock, p. m., no more 
than twenty-six individuals had met. Many members 
are absent from this capital by virtue of the resolution 
of the 10th instant. Those present at the junta agreed 
that the absent members should be again cited, and that 
it should be urged upon the government that it, through 
the medium of the most excellent governors of the 
States, should procure a reunion of congress. 

All of which I have the satisfaction of making known 
to your excellency in answer to your note aforemen- 
tioned, and of renewing the assurance of my esteem. 

God and liberty! Mexico, August 21, 1847. 

A. M. SALONIO. 

To the Most Excellent 
Sr. Minister of Interior and Exterior Relations. 



^Armistice. The undersigned respectfully nominated the two first 

by the most excellent sr. president of the republic of 
Mexico and general-in- chief of its army, Don Antonio 
Lopez de Santa Anna, and the three last by his excellency 
major general of the United States of America and gen- 
eral-in-chief, Winfield Scott. Having met in Tacubaya 
the 22d day of August, 1847, duly examined and ex- 
changed their plenary powers to make an armistice be- 
tween the two armies for the purpose of enabling the 
government of Mexico to take into consideration the 
propositions which the commissioner on the part of the 
most excellent Sor. President of the United States of 
America lias to make, they agreed on the following ar- 
ticles: 

1st. There shall be an immediate and absolute cessa- 
tion of hostilities between the armies of the United Srates 
of Mexico and that of the United States of North 
America within a circuit of thirty leagues'from the cap- 



311 

ital of the first, to give time for the commissioners ap- 
pointed by the republic of the United States to treat 
with those who may be appointed ori the part of Mexico. 

2d. This armistice shall be continued all the time the 
commissioners of the two governments are occupied in 
negotiating, or until one or tne other of the chiefs of the 
two armies may give to the other formal notice of its 
termination, after which hostilities shall not break out 
until forty-eight hours shall have elapsed. 

3d. Whilst this armistice is in force, neither army 
shall commence, within the aforesaid circuit of thirty 
leagues from Mexico, any fortification or military w T ork, 
offensive or defensive, nor shall anything be done to en- 
large or reinforce existing* works or fortifications within 
the aforesaid limits. 

4th. Neither army shall be reinforced. Whatever re- 
inforcements of troops or munitions of war, excepting 
provisions which may now be on the w r ay to either of 
the two armies, shall be detained at the distance of twen- 
ty-eight leagues from the city of Mexico. 

5th. Neither of the armies, nor detachments of them, 
shall advance. beyond the line now actually occupied. 

6th. Neither of the armies, nor detachments of them, 
nor any individual of a military character, shall pass 
the neutral limits established by the antecedent article, 
excepting those who may carry the correspondence be- 
tween the two armies, or who may go on business au- 
thorized by the following article, and then under a white 
flag. The individuals of either army who by casualty 
shall trespass upon the neutral territory shall be kindly 
admonished by the contrary party, or they shall be re- 
turned to their own army under an escort with a white flag. 

7th. The American army shall not with violence op- 
pose the introduction of the usual provisions necessary 
for the consumption of the inhabitants and army within 
the city, nor shall the Mexican authorities, either civil 
or military, do anything to obstruct the passage of pro- 
visions from either the city or country to the American 
army. 

8th. All the American prisoners of war now in the 
power of the Mexican army, who have not been ex- 
changed prior to this date, shall be exchanged as soon as 
possible, one for one, according to their rank, with Mex- 
icans made prisoners of war by the American army. 

9th. All American citizens who were established in 
the city of Mexico previous to the present war, and 
were since banished from said city, shall be permitted 
to return to their families and business in said city, 
without delay, nor shall they be molested. 

10th. With a view to favor the grand object of peace, 
as well as to facilitate in a better manner the execution 



[52] 



[ 52 ] 312 

of these articles, it is further agreed that if either army- 
wishes to send a- messenger or bearer of despatches on 
the line from Mexico, or its vicinity, to Vera Cruz, or 
from thence here 5 said messenger shall receive a pass- 
port, signed by the chief of his army, and with a safe 
conduct from the opposing chief, which shall protect 
said messenger and his despatches from any interruption 
or loss by the Mexican or American troops on said line. 

11th. In the towns occupied by the American forces, 
the administration of justice by the constituted authori- 
ties, in accordance with the general or State laws, shall 
not be interrupted in cases where Mexicans are parties. 

12th. In the towns, villages, and hamlets occupied by 
the army or forces of the United States within the afore- 
said limits, private property shall be respected, and no 
individual Mexican shall be restrained in the exercise 
of his profession; they shall not be obliged to perform 
any service againit their free will and^consent, in which 
case they shall be paid a just price; trade shall not be 
disturbed in any way or manner. 

13th. The wounded prisoners shall not be embarrassed 
in any way; and when they wish to move to a more 
commodious place to be cured, they shall be permitted 
to do so, it being understood that they are still in the 
character of prisoners. 

14lh. The health officers of the Mexican army may- 
attend on them when desired. 

15th. For the punctual fulfilment of this agreement, 
two commissioners shall be appointed, one by each party; 
and in cases of discord, they shall elect a third. 

16th. This agreement will not be valid until approved 
by the most excellent Sors. generals-in-chief of both 
armies, and within the term of twenty-four hours, 
counting from six in the morning of the 23d. 

IGNACIO MORA Y VILLAMIL. 
BENITO QUIJANO. 
J. A. QUITMAN, 

Major General U. S. Army. 
PERSIFOR F. SMITH, 

Brigadier General U. S. Army. 
FRANKLIN PIERCE, 

Brigadier General U. S. Army. 



Head-quarters, Army of the U. S. of America, 

Tacubaya x August 23, 1847. 

Having taken it into consideration, I approve and rat- 
ify it, with the express understanding that the word 
supplies, which was ifsed a second time in the 7th article 



313 [ 52 ] 

of this military convention — the text, or American copy 
— should be taken to mean (as understood in both the 
American and English armies) arms, munitions, clothing, 
equipage, provisions for men, forage, money, and in 
general all that is necessary to an army. This word. 
ii supplies" is translated in the Mexican ropy erroneous- 
ly, and is made to express provisions instead of supplies. 

WINFIELD SCOTT, 
General-in- chief of the Army of the U. S. 



National Palace, Mexico, 

August 24, 1847, 

Ratified, suppressing the 9th article, and explaining 
the 4th in the following sense, viz: the temporary peace 
of this armistice will be observed in the capital, and 
within a circuit of twenty-eight leagues around it. 
Agreed that the word supplies shall be translated recur- 
sos, and that in it shall be comprised all that is neces- 
sary to an army, except arms and munitions. 

ANTONIO LOPEZ DE SANTA ANNA. 



Head-quarters, Army of the United States, 

August 24, 1S47. 

I accept and ratify the preceding condition added by 
the general president of the Mexican republic. 

WINFIELD SCOTT. 

An exact copy of the original. 

G. W. LAY, U. S. Army, 
Military secretary of the General-in- chief . 



Points for discussion in the conferences with the com- 
missioner of the United States, and which ought to 
serve as a basis to the Mexican commissioners ; pro- 
posed to the most excellent Sor. President by the 
Minister <cf Relations, and approved by his excel- 
lency in a cabinet meeting of ministers* 

[Preliminaries.] 

In the first place. The conferences ought to be held Points to be 

* This resolution was reserved to be delivered to the Mexican commission- 
ers after their nomination and being empowered to treat. 



[52] 



314 



treated upon a t some place intermediate to those occupied by either 

in the ne»o- i J 

liations, and dII11 }> 

which are to In the second place. Previous to beginning to treat, 

serve as the the American commissioner ought to recognise on the 

&ancom!P art °. f Mexico her right to deliberate; that is, if the 

missioners. intention of the United States has been to increase their 

territory, why have they not remained with that which 

they have occupied de facto? If that which they have 

come to seek at this capital is the sanction of right, 

for consent, they should desist from asking what we are 

unwilling to concede, otherwise they may consummate 

their works de facto, and the war will continue. 

1st. The independence of Texas will be recognized 
for an adjusted indemnification. 

2d. Texas is understood to be the territory known by 
that name since the treaty of 1819, and whilst it formed 
a, part of the State of Coahuila and Texas, but in nowise 
does it comprise the territory between the rivers Nueces 
and Bravo, as the Congress of pretended Texans de- 
clared to belong to it. 

3il. The basis to treat for any other part of the ter- 
ritory shall be the evacuation of all the'Mexican repub- 
lic now occupied, raising the blockade, and leaving all 
our ports free. 

4th. They may treat for Upper California. 

5th. On no account shall they treat for the 26th de- 
gree of latitude as a boundary, which would cause the 
republic to lose aJi of Coahuila, all New Mexico, al- 
most all Chihuahua, almost all of Durango, all Sonora, 
part of Sinaloa, and almost the whole of Upper Cali- 
fornia. They may concede one port, provided it should 
be San Francisco, in the character of a factory, but 
never as a boundary. 

6th. Indemnification shall be agreed upon for the port 
t as well as for a road by which to communicate with 
Oregon. 

7th. Ditto for damages, injuries, and extraordinary 
expenses of the war made in the territory of the repub- 
lic, this being what has brought them to the capital, and 
for which they have come to negotiate. 

8'h. Ditto for sufferings caused to families, and injury 
done to estates at Monterey, Matamoras, Vera Cruz, 
villages, and other cities, hamlets, and estates in the 
republic, in consequence of the war. 

9th. Ditto for depredations committed by rtieir troops. 

10th. Ditto for the depredations committed by their 
guerilla party of criminals, set at liberty and authorized 
by them in violation of the law of nations.' 

11th. They shall close our accounts, unpaid as well 
as unliquidated, for reclamations made against us. 

12th. The United States shall recognize as legitimate 



315 [ 52 ] 

the titles of owners of lantl in Texa*, in virtue of grants 
fnade prior to its declaration of independence;; as well 
those of the general government as of the Slate, and 
"will allow them the free use and enjoyment thereof. 

13th. The United States shall compromise themselves 
not to permit slavery in the part of teiritory which 
they may acquire by this treaty. 

14th. This treaty shall be extended upon the basis of 
reciprocity in all things wherein it may be compatible, 
or practicable, taking into view the respective state of 
the two nations. 

15th. They must not agree to less than one year for 
its definitive conclusion. 

16ih. The guarantee for its observance will be sought) 
t>y common agreement, in some European power, or in 
a continental Congress. 

17th. The basis of this shall be a republican system 
over the whole continent, excepting' French Guiana and 
Brazil. 

18th. The treaty about to be made must' not in any 
manner disturb the principles of the most favored na- 
tion conceded by the republic to all other nations with 
whom it has made treaties. 

19th. As another circumstance, they shall exact the 
restoration of the Irish prisoners, and that no one of 
the American army sbaN enter into the capital. 

20th. All captured vessels and trophies shall be re- 
stored. 

21st. As a general basis, they shall treat for peace 
as if we had triumphed, and as a nation who can yet 
carry on the war with advantage. 

Mexico, August 2-1, 1847. 

LOPEZ DE SANTA ANNA. 
" J. R. PACHECO. 
V. ROMERO. 
ALCORTA. 
RONDERO. 

A copy. — O. Monasterio. 



Tacubaya, August 25, 1847. 

The undersigned, a commissioner appointed by the Mr. Trist to 
United States of America near the United States of'Mex- t! ; e D Mimster 

. ..,' « ., . ... ot Kelalions. 

ico, invested with full powers to treat and confer with, 
any person or persons, equally authorized by the Mexican 
government to negotiate and conclude with him or them a 
durable treaty of peace, friendship, and limits between 
the two republics, takes the liberty to call the attention 



f52] 



316 

of the minister of relations of Mexico to the military 
convention concluded on the 23d and ratified on the 24th 
instant, by which an armistice is established. He has 
now the honor to say that he is ready to treat with a 
commissioner or commissioners on the part of Mexico, 
and desires that he will designate an early day for their 
meeting, at some place which may be convenient to both 
parties. The undersigned offers to his excellency, the 
minister of relations, the assurances of his most distin- 
guished consideration. 

N. P. TRIST. 



Palace, &c, August 26, 1847. 

Reply. The undersigned, minister of interior and exterior re- 

lations, has had the honor to receive and place before 
his excellency the president ad interim of the republic 
the note in which, in consequence of the armistice made 
by the general-in-chief of the troops of the United States, 
the Sor. D. Nicolas Trist, commissioned by the govern- 
ment of that nation, under the date of yesterday, mani- 
fests his readiness to treat with the commissioner or com- 
missioners of this republic concerning the propositions 
of peace which he is authorized to make, asking that an 
early day may be named for their meeting at some point 
which may be esteemed convenient to both parties. 

The undersigned has received orders from his excel- 
lency the president to manifest to Mr. Trist, in reply, 
that he is occupied in the appointment of commissioners 
to hear the propositions which Mr. Trist may be pleased 
to make. They will meet to-morrow at 4 o'clock, p. m., 
in the town of Atzcapuzalco, a point intermediate to 
those occupied by the forces of either nation, provided 
that Mr. Trist does not find the place of meeting incon- 
venient. The undersigned offers to Mr. Trist the assur- 
ance of his distinguished consideration. 

J. R. PACHECO. 

To Don Nicolas Trist, #c, #c, Sfc. 



Tacubaya, August 26, 1847. 

Mr. Trist to The undersigned, convnissioner of the United States of 
the Minister America, has the honor to acknowledge the receipt of 
• eauons. ^ note . ^ Qm ^. g exce ]] ency §or. Pacheco, minister of 

relations of Mexico, of this date, by which he is informed 
that commissioners on the part of Mexico will, on the 
morrow, at 4 o'clock, p. m., pass over to the town of 
Atzcapuzalco, if the undersigned should not find the lo- 



317 [ 52 ] 

cation inconvenient, at which place the meeting will be 
verified, being a point intermediate to those occupied by 
the respective forces of the two nations. 

The undersigned has the honor to say that he accepts 
with pleasure this invitation, with a confiding hope that 
this first- interview will be speedily followed by a satis- 
factory adjustment of all differences between two sister re- 
publics. He reiterates to Sor. Pacheco the assurance of 
his distinguished consideration. 

N. P. TRIST. 

To his Excellency D. J. R. Pacheco, 

Minister of relations of the Mexican republic. 



Resolution of the most excellent sor. president, in cabinet 
council, August 25, 1847. 

The armistice sought by the enemy's general having Order for the 
been made, it becomes the duty of the Mexican govern- appointm'nt of 
ment to appoint commissioners to hear, nothing more, commlss ' ners - 
the propositions for peace which the commissioner on 
the part of the United States, in the name of his govern- 
ment, may wish to make. The following are nominated: 
the representative Don Jose Joaquin de Herrera, magis- 
trate of the supreme court of justice, Don Antonio Mon- 
jardin, and Don Antonio Garay, who shall be notified of 
their respective appointments, in which they will be re- 
quired to meet to-morrow at 11 o'clock, a. m., in the of- 
fice of the minister of relations, with whom they shall 
pass to the habitation of the president to receive the in- 
structions agreed upon in cabinet council. 

The minister of relations shall make a memorandum 
which shall be placed in their hands by the president. 
This shall be confined to prescribing to them their true 
mission, which is nothing more at present than to hear 
the propositions for peace, which, in the name of the 
government of the United States, it pretends to make to 
the government of Mexico, the purport of which shall 
be transmitted immediately to the president, in order 
that he, with his cabinet, may determine what is conve- 
nient to be done in the premises. The government then 
reserves to itself the right to give sufficient instructions 
to its commissioners to enable them to enter upon the 
preliminaries of the negotiation, and will advise them 
during its progress, through the minister of relations, of 
all necessary steps to enable them to discharge in the 
best manner the duties of their commission, it being un- 
derstood that they will agree to nothing definitively, 
-without the previous approbation of the government. 

[This act bears the sign manual of the president and 
his four ministers.] 



[52] 



318 



Letter from Most Excellent Sir: The armistice sought by the 
the Minister ffenera l-iffit-chief of the troops of the United States has 

ot -Relations o T ' 

to Gen. Her- been concluded. It is now necessary to appoint com- 
rcra - missiohers who mny hear the propositions of peace which 

that nation desires to make through its commissioner. 
The most excellent sor. president ad interim having full 
knowledge of, and confidence in, the patriotii-m, intelli- 
gence, and other commendable qualities which adorn, 
your excellency, has thought proper to appoint you, 
together with a magistrate of the supreme court of jus- 
tice, D: Antonio Fernandez Mbnjardih, and Sor. D. An- 
tonio Garay, in whom he recognizes the same estimable 
qualities, commissioners lor the purpose here indicated. 

In the critical position in which our country is found, 
no one of -its sons can or sought to shut, his ears to its 
call. His excellency the president does not doubt that 
your excellency, as well as the other persons named, 
well cheerfully lend their aid to execute this important 
service. In cot. sequence, I expect y.ou will meet to- 
morrow, at 11 o'clock, in the office of the minister of 
relations, from whence we will pass to the habitation of 
the chii ! magistrate of the republic, who will communi- 
cate to you the instructions determined upon in cabinet 
council. 

I renew to your excellency the assurance of my dis- 
tinguished consideration. 

God and liberty! August 25, 1847. 

PACIIECO. 

The Most Excellent Sor. D. Jose Joaquin de IIerera. 



Same letter I this day say to the most excellent Sor. General D. 
to Monjardin J 0?P Joaquin de Herrera as follows, (a copy of the pre- 
drd ^' ceding communication is inserted)) and have the honor 
of transmitting it to you, in order that it may produce a 
corresponding effect in that part which relates to you. 
At the same time, I renew the testimony of my esteem 
to you both. 

God and liberty! August 25, 1S47. 
To the Sor. Magistrate Don Amonio Fernandez Mon- 
jakdin and Sor. Don Antonio Garav. 



Gen. Ilerre- Most EXCELLENT Sir: Your official note of this date 

r» declines to has informed me that the most excellent president has 

act »s •oin- Deen pl eaS ed to appoint me, in union with the mayis- 

missiouer. r t > r\ * i\,r i 

trate ot the supreme court, Don Antonio Mvwjanwn, aim 

Sor. Don Antonio Garay, to hear the propositions of 
peace which the commissioner of the gov; r went of the 
United States desires to make. As a Mexican who de- 



319 [ 52 ] 

sires the good of my country, I ought to remind your 
excellency that I was at the head of the government in 
the year 1845, at which time the government of the United 
States proposed to send a commissioner to regulate the 
differences which, on account of Texas, had disturbed 
that harmony which ought to exist between coterminous 
republics. For having expressed my willingness to re- 
ceive him, and hear his propositions, my administration 
was calumniated in the most atrocious manner, and 
finally resulted in a revolutionary fermentation, which 
separated me from the command: If I were to take any 
pari in the affair at this tim* 3 , the floodgates of calumny 
would again be opened with renewed violence; and no 
matter how honorable or advantageous terms might be 
obtained, taking into view our present circumstances, 
they would be badly received at my hands — much more 
so than if others had the management of the affair. 
Other reasons might be alleged to excuse me; but it ap- 
pears to me that the foregoing is sufficient to induce the 
most excellent sor. president to admit my renunciation 
of the honorable commission with which he has been 
pleased to encharge me. 

1 have the honor to present this in answer to your 
official note, and to offer to you the consideration of my 
just regard. 

God and liberty! Mexico, August 25, 1847. 

JOSE J. HERRERA. 

To the Most Excellent Minister of Relations Don Jose 
Ramon Paciieco. 



Most Excellent Sir: Loving my country as much as Monjardin do. 
he who loves it most, there is no saenfice I would not elinestoact. 
make for its benefit, if from that sacrifice the slightest utility 
would be derived. I am, unfoi tunaiely, intimately con- 
vinced that no benefit would result to it by the sacrifice 
of my feelings and reputation, which would necessarily 
take place if I accepted the appointment of commissioner 
to hear the propositions cf the commissioner of the 
United States, ts indicated in your letter of this day, 
which informed me that the most excellent president 
had nominated me a commissioner for that purpose. 

This consideration, added to ray own knowledge (I 
speak without any affectation of modesty) that I lack all 
those gifts which should adorn a diplomatic agent, com- 
mencing with my ignorance of the language of the per- 
sons with whom we are to treat, imposes upon me the 
nectssity of refusing to accept the appointment, which I 
ouglit not to admit, being convinced that I am 
to discharge the duties appertaining thereto. 



[52] 



320 

I fully recognize the honor conferred upon me by the 
most excellent sor. president by this nomination, and 
have the honor of renewing to your excellency the as- 
surance of my distinguished esteem. 

God and liberty! Mexico, August 25, 1847. 

ANTONIO FERNANDEZ MONJARDIN. 

To the Most Excellent Sor. Secretary of State and 
of Foreign and Internal Relations. 



Garay de- Most Excellent Sir: Last night at 8 o'clock I re- 
clines to act. ceived your excellency's note of yesterday, in which 
you were pleased to inform mc that the most excellent 
Presidenfhas thought proper to nominate me, in union 
with General Don Jose Joaquin de Herrera, and the 
magistrate of the supreme court of justice, Don Antonio 
Fernandez Monjardin, commissioners to hear the propo- 
sitions of peace which the United States desire to make 
through their commissioner. 

This trust, most excellent Sor., I understand will 
hereafter be extended to authorize them to confer upon 
the preliminaries of peace. I esteem it to be a very 
great trust, because the business w T hich will be brought 
before it is very delicate and difficult to manage. If it 
has been heretofore merely a subject of discussion, it 
has now become a matter of conflict to the nation, and 
more particularly to the capital of the republic. 

On this movement depends the national honor, which 
has already suffered by the war; and, according to the 
course of events, it may yet suffer greater evils than is 
apprehended. I understand the object of this mission 
does not extend to conclude a peace, but to propose all 
the preliminaries for it. The trust, nevertheless is diffi- 
cult, because the actual relations of our affairs is becom- 
ing more complicated, and to manage them properly 
will require the most comprehensive intelligence. I 
cannot .flatter myself that my limited capacity would en- 
able me to fill the public expectation during the period 
of initiation, adjustment, and conclusion of a treaty; 
and as there is an infinity of Mexicans who, endowed 
with superior abilities, likewise possess the public con- 
fidence, by which they would be enabled to promote the 
public interest even in the initiative of the treaty to a 
much greater extent than I could possibly do, the true 
interest of this grave and important business impels me 
to decline accepting the appointment which the most ex- 
cellent Sor. President has been .pleased to confer upon 
me, and the duties of which are infinitely superior I my 
abilities. 



321 

I beg your excellency will be pleased to make this 
known to the most excellent Sor. President, to whom 
you will give my cordial thanks for this distinguished 
mark of his confidence in me, and assure him, at the 
same time, that I am fully convinced of the difficulties 
which environ this affair, as well as my own insufficiency 
to manage it. I must and will, therefore, always re- 
fuse to accept the appointment which his excellency has 
conferred upon me. I renew to your excellency the 
considerations of my respect and esteem. 

God and liberty! Tacubaya, August 26, 1847. 

ANTONIO GARAY. 
To the Most Excellent 

Sor. Minister of Foreign and Internal Relations. 



[52] 



Most Excellent Sir: I have laid before the most ex- The President 

cellent Sor. President ad interim your official note of insists u P°n 

yesterday, in which you desire to be excused for not * Ierrera ' s ac * 

• \ i • . , i- • , , ceptance. 

accepting the appointment oi commissioner to hear the 

propositions for peace which the government of the 
United States wishes to make through its commissioner. 
In answer thereto he has ordered me to say to you, as I 
now do, that the same reasons which you invoke were 
those which induced him to select you as one of the 
commissioners. Those reasons advanced by you go to 
prove that two distinct administrations, influenced by 
diverse circumstances, have agreed on this essential 
point, that it is convenient for us to hear those propo- 
sitions which it is announced will put an end to the evils 
of war. For which reason his excellency persists in his 
desire that your excellency will take charge of this 
grave and delicate business, to which end he invokes 
your well known patriotism and hitherto earnest desire 
to promote the interest of the republic. 

Your excellency will see, by the accompanying copy 
of a communication directed to Sor. Don Nicolas Trist, 
that the meeting should take place to-morrow at 4 o'- 
clock, p. m., in the town of Atzcapuzalco. His excel- 
lency the President will deliver to your excellency the 
instructions by which you are to be regulated. I re- 
new to your excellency the assurance of my especial 
consideration. 

God and liberty! Mexico, August 26, 1847. 

PACHECO. 
To the Most Excellent 

Sor. Gen. of Division Don Jose Joaquin de Herrera. 

21 



[52] 



322 



Gen. Kerre- Most Excellent Sir: From your excellency's note 
ra accepts. f t ^- {S date, I se e with regret that the most excellent 
President has not esteemed the principal reason set forth 
in my anterior communication to be just. I wished to 
be excused from accepting the honorable appoimment 
of commissioner to hear the propositions of peace which 
the commissioner of the United States wishes to make; 
but inasmuch as the most excellent Sor. President con- 
siders it necessaiy that I should render tnis service, I 
am ready to do it, as well as to make any other sacri- 
fice by which the country would be benefitted. 

All of which I have the honor to say in answer to your 
excellency's note, offering to your acceptance my due 
consideration and esteem. 

God and liberty! Mexico, August 26, 1847. 

JOSE J. DE HERRERA. 
To the Most Excellent 

Sor. Minister cf Relations, D. Jose Ramon Pacheco. 



Gen.Morain- The armistice initiated by the general-in- chief of the 
nted to act. United States is concluded; it is now necessary to ap- 
point commissioners who may hear the propositions 
which that nation wishes to make through its commis- 
sioner. His excellency the president ad interim having 
full knowledge of, and confidence in, the patriotism, in- 
telligence, and ether commendable qualities which adorn 
your excellency, has thought proper to appoint you, in 
union with the most excellent Sor. D. Jose Joaquin de 
Herrera and another individual in whom are recognised 
the iame qualifications. 

In these critical times for our country, none of her 
sons can or should be deaf to her call. His excellency 
the president [does not doubt] that you and the others 
mentioned will cheerfully lend your aid to execute this 
interesting duty. In consequence, he expects you will 
call to-morrow, ?.t 11 o'clock, at the office of this minis- 
try, from whence we will pass to the habitation of the 
chief magistrate of the republic, who will communicate 
to you the instructions determined upon in cabinet coun- 
cil. 

I renew to you the assurance of my distinguished con- 
sideration. 

God and liberty! Mexico, August 26, 1847. 

PACHECO. 

To Geaeral Don Ignacio Mora y Villamil. 



323 [ 52 ] 

Most Excellent Sir: I have received your excellen- Gen. Mor« 
cy's communication of this date, in which you are pleased accepts. 
to inform me that the time has arrived for us to hear pro- 
positions of peace which the commissioner of the United 
States is desirous to make. Further, that the most ex- 
cellent Sor. President nas thought proper to nominate me 
as one of the individuals who ought to form the commis- 
sion that is to meet the commissioner cf the United 
States, for which purpose we must meet to-morrow morn- 
ing at your office to receive the necessary or iers. 

Grateful f©r the confidence shown by nominating me 
to this delicate mission, I do not feel at liberty to de- 
cline, and will meet at the office of the minister of rela- 
tions to-morruw, as you desire, and will spare no efforts 
on my part to insure good results to the commission. 

I renew to you the assurance of my distinguished con- 
sideration. 

God and liberty! Mexico, August 26, 1847. 

IGNACIO DE MORA Y VILLAMIL. 

To the Most Excellent Minister of Relations. 



August 27, 1847. 

This day the licentiates Don Jose Bernado Couto and Member* «f 
Don Miguel Atrisfain were nominated commissioners; the commis- 
ihe commission is therefore composed of the following p° r " t of 1 ^^ 
persons: co. 

Don Jose Joaquin de Herrera, general and representa- 
tive in Congress. 

Don Jose Bernado Couto, licentiate and representative 
in Congress. 

Don Ignacio Mora y Villamil. 

Don Miguel Atristain, licentiate. 

Don Jose Miguel Arroyo, secretary and interpreter. 



Most Excellent Sir: Although I do not possess the Senor C 
necessary aptitude to execute in a satisfactory manner accept* 
the commission which the supreme government has 
thought proper to encharge me with, as intimated in 
jour excellency's note of to-day, and notwithstanding 
that the state of my health has for some time past obliged 
me to abandon all business, and taking into considera- 
tion the unfortunate situation in which the republic finds 
itself, I feel that no Mexican should withhold his ser- 
vices when required by the public authorities. I accept 
the aforesaid commission, and will immediately present 
myself as required, in order to receire the instructions of 



[ 52 ] 324 

the government on the subject. In the superior abilities 
of those worthy persons witk whom the most excellent 
president has been pleased to associate me, I found all 
my hopes of happy results. 

God and liberty ! Mexico, August 27, 1847. 

BERNARDO COUTO. 

To the Most Excellent Minister of Relations. 



Senor Atris- Most Excellent Sir: I received your official note of 
tain accepts, yesterday informing me that the most excellent Sor. Pres- 
ident of the republic has thought proper to nominate me, 
in union with others, a commissioner to hear the propo- 
sitions which the representative of the United States of 
America wishes to make to Mexico for the re-establish- 
ment of peace; and although I am persuaded that I do 
nor possess the necessary qualifications to enable me to 
execute the trust satisfactorily, 1 nevertheless accept it, 
because I think under these circumstances every Mexi- 
can should lend his services when required by the gov- 
ernment. 

I reproduce to your excellency my considerations and 
respects. 

God and liberty! Mexico, August 28, 1847. 

MIGUEL ATRISTAIN. 

To the Most Excellent Sor. Don Jose Ramon Pacheco., 

Minister of relations. 



Senor Arroyo The most excellent Sor. President ad interim, being 
appointed sec- satisfied of your patriotism and intelligence, has been 
icrpreter 1 "* Phased to appoint you secretary and interpreter to the 
commission which sets out to day for Atzcapuzalco to 
hear the propositions which the commissioner of the 
United States has to make. I communicate this for your 
satisfaction, and at the same time assure you of my es- 
teem. 

God and liberty! August 27, 1S47. 

PACHECO. 
To Don Jose Miguel Arroyo. 



Senor Arroyo Most excellent Sir: Informed by your communica- 

accepts. t j on f to-day that the most excellent Sor. President has 

thought proper to appoint me secretary and interpreter 

to the commission about to hear the propositions for 

peace which the commissioner of the United States is 



325 [ 52 ] 

desirous to makf, and disposed to serve my country as 
far as in my power, and more particularly under existing 
circumstances, your excellency may assure the most ex- 
cellent Sor. President that I will spare no efforts to re- 
spond in a worthy manner to the confidence with which 
he has distinguished me. I offer to your excellency the 
assurance of my consideration and respect. 
God and liberty! Mexico, August 27, 1847. 

J. MIGUEL ARROYO. 

To the most excellent Sor. Minister of Relations. 



Instructions for the commissioners appointed by the gov- 
ernment of Mexico to hear the propositions which the 
government of the United States pretends to make. 

In conformity with the cabinet resolution of this date, Instruction* 
the commissioners of the Mexican government, on pre- t0 the Me3 F~ 
senting themselves at the time and place agreed upon, s i oners . 
and exchanging their respective credentials, shall restrict 
themselves to receive from the American commissioner 
the memorandum which contains the propositions of the 
United States. If he should not present them in writ- 
ing, they will then limit themselves precisely to hear the 
propositions, and to nothing else. Be they few or many, 
they will draw up a memorandum which shall contain 
every article in a clear, precise, and categorical manner, 
which shall be signed by the American commissioner. 

Whether it is necessary to draw them up at the first 
interview, or whether the American commissioner should 
produce them in due form, they shall be transmitted to 
the Mexican government by its commissioners, who shall 
not at that time suggest any modification, nor shall they 
announce or evince the slightest desire to make any al- 
teration in the document. 

PACHECO. 

Mexico, August 25, 1847. 



Antonio Lopez de Santa Anna, general of division, well 
deserving from the country, President ad interim of the 
United Mexican States, to all who shall see these pre- 
sents: Know ye — 

That, exercising the power conceded to me by the con- Powers first 
stitution, I have resolved to hear the propositions for j^e^jjjexicaa 
peace which the government of the United States desires commiss'ners. 
o make through its commissioner, Mr. Nicholas Trist,- 
nd haying entire confidence in the patriotism, intelli- 



[52] 



326 

gence, and other commendable qualities which adorn the 
most excellent Sor. genera! of division D. Jose Joaquin 
de Herrera, the Sor. licentiate D. Jose Bernardo CoutOy 
the Sor. general of brigade D. I^nacio de Mora y Villa- 
mil, and the Sor. licentiate D. Miguel Atristain, I have 
commissioned and empowered tlitm to go to the town of 
Atzcapuzalco to receive and transmit to me the aforesaid 
propositions, which the aforementioned D. Nicholas Tristj. 
has come to make; for which effect I concede to those 
three the full power necessary, authorizing the Sor. D. 
Miguel Arroyo to accompany and assist them in the capa- 
city of secretary and interpreter, which confidence he 
likewise deserves from me. 

In faith of which, I have caused these presents to be 
made, and signed them with rny hand, and affixed the 
national seal thereto, and have caused them to be coun- 
tersigned by the secretary of state, and foreign as well 
as internal relations. 

Done in the federal palace of Mexico, the twenty- 
seventh day of the month of Augusf, in the year one 
thousand eight hundred and forty-seven, and twenty- 
seventh of the independence. 

[l. s.] ANTONIO LOPEZ DE SANTA ANNA. 

J. R. Pacheco. 



Project of a treaty presented bv the American commis- 
sioner at Atzcapuzalco, on the 21th day of August^ 
1847. 

Pr«j«t pre- The United States of America and the United Mexican, 
aented by Mr. States, desirous of terminating the war which has un- 
happily subsisted between the two republics, and of re- 
storing peace, friendship, and good understanding be- 
tween them, have, for that purpose, appointed their res- 
pective plenipotentiaries, that is to say: the President of 
the United States has i.ppointed Nicholas P. Trist, &c , 

&c, and , who, after a reciprocal communication 

of their respective full powers, have agreed upon the 
following resolutions: 

Article 1. There shall be a firm and universal peace 
between the United States of America and the United 
Mexican States, and between their respective countries, 
territories, cities, towns, and people, without exception 
of places or persons. All hostilities, both by sea and 
land, shall definitively cease so soon as the ratifications 
of this treaty shall have been exchanged by the parties. 
Article 2. All prisoners of war, taken on either side, 
as well by land as by ?ea, shall be restored as soon as 
practicable after the exchange o£ the ratifications of this 



327 [ 52 ] 

treaty. (Besides, it is agreed that if any Mexican citi- 
zens should be prisoners of the Cumanches. or of any 
tribes of Indians within the limits of the United States, 
the government of the United States will endeavor to ob- 
tain their return to their homes, according to the treaties 
existing with those Indians.) 

Article 3. So soon as the present treaty shall have 
been duly ratified by the United Mexican States, this fact 
shall be made known with the least possible delay to the 
military and naval commanders of both parties, where- 
upon a suspension of hostilities shall take place both by 
land and by sea, as well on the part of the military and 
naval forces of the United States ; as on the part of those 
of the United Mexican Stales; and the said suspension of 
hostilities shall be inviolably observed on both sides. 
Immediately after the exchange of the ratifications of the 
present treaty, all the forts, territories, places, and pos- 
sessions whatsoever, taken by the United States from the 
United Mexican States during the war, except such as are 
embraced within the limits of the United States as de- 
fined by the fourth article of this treaty, shall be restored 
without delay, and without causing any destruction or 
carrying away any of the artillery or other public prop- 
erty originally captured in the said forts or places, and 
which shall remain therein upon the exchange of the rat- 
ifications of this treaty. And, in like manner, all the 
forts, territories, places, and possessions whatsoever, 
taken by the United Mexican States from the United 
States during the war, and also all such forts, territories, 
places, and possessions embraced within the limits of the 
United States under the fourth article of this treaty, shall 
be restored, evacuated, and delivered over to the United 
States without delay, and without causing any destruc- 
tion, or carrying away any of the artillery, or other pub- 
lic property, from said forts or places, and which shall 
remain therein upon the exchange of the ratifications of 
this treaty. 

Article 4. The boundary line between the two re- 
publics shall commence in the gulf of Mexico, three 
leagues from land, opposite the mouth of the Rio Grande; 
from thence up the middle of that river, to the point 
where it strikes the southern line of New Mexico; thence 
westwardly along the southern boundary of New Mexico, 
to the southwestern corner of the same; thence north- 
ward along the western line' of New Mexico, until it in- 
tersects the first branch of the river Gila, or if it should 
not intersect any branch of that river, then to the point 
on the said line nearest to such branch; and thence in a 
direct line to the same, and down the middle of said 
branch and of the said river, until it empties into the 
Rio Colorado; thence down the middle of the Colorado 



[ 52 ] 328 

and the middle of the gulf of California, to the Pacific 
ocean. 

Article 5. In consideration of the extension of the 
boundaries of the United States, as defined by the last 
preceding article, and by the stipulations which will ap- 
pear in article No. 8, the United States abandon forever, 
all claims against the United States of Mexico, on ac- 
count of the expenses of the war; the United States agree 
to pay to the United Mexican States, at the city of Vera 
Cruz, the sum of dollars, in five equal instal- 
ments, each of dollars; the first instalment to 

be paid immediately after this treaty shall have been 
duly ratified by the government of the United Mexican 
States. 

Article 6. As a further consideration [of article No. 
4] for the extension of the boundaries of the United 
States as defined by the fourth article of this treaty, the 
United States agree to assume and pay to the claimants 
all the instalments now due, or hereafter to become due, 
under the convention between the two republics, con- 
cluded at the city of Mexico, on the 30th day of January, 
1843, " further to provide for the payment of awards in 
favor of claimants under the convention between the Uni- 
ted States and the Mexican republic, of the 11th April, 
1839;" and the United States also agree to assume and 
pay, to an amount not exceeding three millions of dol- 
lars, all claims of citizens of the United States, not here- 
tofore decided against the government of the United 
Mexican States, which may have arisen previous to the 
13th of May, 1846, and shall be found to be justly due, 
by a board of commissioners, to be established by the 
government of the United States, whose awards shall 
be final and conclusive; provided, that in deciding upon 
the validity of these claims, the board shall be guided 
and governed by the principles and rules of decision pre- 
scribed by the first and fifth articles of the unratified con- 
vention concluded at the city ot Mexico, on the 20th day of 
November, A. D. 1843; and in no case shall an award be 
made in favor of any claim not embraced by these prin- 
ciples and rules. And the United States do hereby for- 
ever discharge the United Mexican States from all lia- 
bility for any of the said claims, whether the same shall 
be rejected or allowed by the said board of commis- 
sioners. 

Article 7. If, in the opinion of the said board of com- 
missioners, or of the claimants, any books, records, or 
documents in the possession or power of the government 
of the United Mexican States shall be deemed necessary 
to the just decision of any of said claims, the commis- 
sioners, or the claimants, through them, shall, within 
such period as Congress may designate, make a demand 



329 [ 52 ] 

in writing for the same, addressed to the Mexican Min- 
ister for Foreign Affairs, to be transmitted by the Secre- 
tary of State of the United States; and the Mexican gov- 
ernment engages, at the earliest possible moment after 
the receipt of such demand, to cause any of the said 
books, records, or documents in their possession or power, 
which shall be specified, to be transmitted to the said 
Secretary of State, who shall immediately deliver them 
over to the said board of commissioners, provided, that 
no such demand shall be made at the instance of any 
claimant, until the facts which it is expected to prove by 
such books, records, or documents shall first have been 
stated under oath or affirmation. 

Article 8. The government of the United Mexican 
States hereby grant and guaranty, forever, to the govern- 
ment and citizens of the United States, the right to trans- 
port across the isthmus of Tehuantepec, from sea to sea, 
by any modes of communication now existing, whether 
by land or water, free of any toll or charges whatever, 
all and any articles the growth, produce, or manufacture 
of the United States, or of any foreign country belong- 
ing to the said government o; citizens; and also the right 
of free passage over the same to all citizens of the United 
States. And the government of the United Mexican 
States also grant and guaranty to the government and 
citizens of the United States the same right of passage 
for their merchandise and articles aforesaid, as well as 
for such citizens, over any railroad or canal which may 
hereafter be constructed across the said isthmus by the 
government of the United Mexican States, or by its au- 
thority, paying no more than fair and reasonable tolls 
for the same; and no higher tolls and charges shall be 
levied and collected upon any of the before-mentioned 
articles and merchandise belonging to the government or 
citizens of the United States, or upon the persons of such 
citizens, for passing over the said railroad or canal, than 
shall be levied and collected upon like articles and mer- 
chandise belonging to the government or citizens of Mex- 
ico, being the growth, produce, and manufacture, of Mex- 
ico, or of any foreign country, or upon the persons of such 
citizens; and none of the said articles whatever, belonging 
to the government or citizens of the United States, thus 
passing in transit over the said isthmus, from sea to sea, 
either by the existing* modes of communication or over any 
railroad or canal which may hereafter be constructed, in 
either direction, for the purpose of being transported to 
any port of the United States, or of any foreign country, 
shall be liable to any import or export duty whatever. 
The two governments hereby engage, with as little delay 
as possible, mutually to agree upon such regulations as may 
be necessary to prevent fraud and smuggling in const- 



[52] 



330 

quence of the right of passage thus granted and perpetu- 
ally guarantied to the government and citizens of the 
United S'ates. 

Article 9. All goods, wares, or merchandise which 
shall, during the war, have been imported into any of the 
ports or places of either party whilst in the military oc- 
cupation of the other, by the citizens of either, or by the 
citizens or subjects of any neutral power, shall be per- 
mitted to remain exempt from confiscation, or from any 
tax or duty upon the sale or exchange of the same, or 
upon the withdrawal of the said property from the coun- 
try; and the owners thereof shall be permitted to sell 
and dispose of the said property in the same manner, in, 
all respects whatever, as if it had been imported into the 
country in time of peace, and had paid the duties under 
the laws of either party, respectively. 

Article 10. The treaty of amity, commerce, and navi- 
gation, concluded at the city of Mexico on the 3d day of 
April, A. D. 1831, between the United States of America 
and the United Mexican States, and every article thereof, 
with the exception of the additional article, are hereby 
revived for the period of eight years from the day of the 
exchange of the ratifications of this treaty, with the same 
force and virtue as if they made part of the context of 
the same; it being understood that each of the contract- 
ing parties reserves to itself the right, at any time after 
the said period of eight years shall have expired, to ter- 
minate the same by giving one year's notice of such in- 
tention to the other party. 

Article 11. This treaty shall be approved and ratified 
by the President of the United States of America, by and 
with the advice and consent of the Senate thereof, and 
by the President of the United Mexican States, with the 
previous approbation of their general Congress; and the 
ratifications shall be exchanged in the city oi Washing- 
ton, within six months from the date of the signature 
hereof, or sooner if practicable. 

In faith whereof, we, the respective plenipotentiaries, 
have signed this treaty, and have hereunto affixed our seals. 

Done in duplicate at the day 

of , A. D. one thousand eight hundred and 

forty-seven. 



Instructions At a cabinet meeting held on the 29th of August, 1847* 
to the M^xi i • • i 

can commis- tne propositions made by the commissioner of the 

sioners. found- United States were discussed, and it was resolved to 

ed on the pro- give the following instructions to the commissioners 

jet presented ? ,, ii T • ° 

Jjy Mr. Trist. °* tiie -Mexican government: 

1st. Before the negotiation is opened, it is highly ne- 



331 [ 52 ] 

cessary that the Mexican commissioners should fix for a 
basis the causes of the war provoked by the United States 
against the republic of Mexico; or, to be more clear, 
that the commissioner of the United States shall frankly 
declare the motives of the war, and the ends for which 
it is prosecuted. He must not be excused for withhold- 
ing this information, which is exacted by the Mexican 
government. If he should refuse to give it, let it be so 
made to appear. 

2d. Are the pretensions of the United States founded 
upon the right of force, or on pure friendly negotiations? 
Do. do. 

3d. The first question to be treated, after the points 
above expressed, shall be, whether Texas ought to re- 
main in the power of the United States by the right of 
annexation, as is alleged, or by a contemplated purchase 
of the land from the republic of Mexico. Do. do. 

The Mexican government does not recognize any other 
title than that of negotiation. Upon this subject the 
Mexican commissioners will know how to develop the 
question in a manner calculated to promote the national 
rights and interests, and it is left to their wisdom to fix 
this point in the way they may esteem convenient. It is 
supposed they know that if greater advantages cannot be 
drawn from the territory of Texas, they must adopt the 
opinion of the government, who believes that no further 
concession shall be made than the limits of Texas as 
known and recognized : they do not pass the river Nueces, 
which is the natural boundary of Texas; and in no man- 
ner does its limits reach to the river Bravo. In ceding 
Texas, our commissioners should at least derive this ad- 
vantage from the United States — that they release Mexico 
from all debts adjudicated, as well as those to be adju- 
dicated and liquidated, which release will be considered 
as an equivalent for entering into negotiation; but the 
United States shall pay for the land one-half the price 
established by their own laws for the sale of lands. In 
this case, the two contracting parties must oblige them- 
selves to leave the space of ten leagues on each side of 
the boundary line, and throughout its whole extent, 
which shall be considered as neutral territory, and re- 
main as a desert between the two countries, by which 
they will mutually avoid all disputes or difficulties. A 
joint scientific commission shall be formed to establish 
the dividing line. 

4th. If the United States commissioner should make 
any movement in relation to the island known as that of 
P. Vagin, the Mexican commissioners will sustain that it 
should remain neutral, with a view to obviate all future 
differences that might arise from it. 

5th. In respect to the territory of New Mexico and 



52 ] 332 

California, they will absolutely refuse to cede all or any 
part of those lands, that being a question entirely foreign 
to the question of Texas. Mexico does not wish to divest 
herself of that integral part of the nation; nevertheless, 
r the commissioners will make the commissioner of the 
United States declare by what right, or with what inten- 
tion, the government of the United States has included 
in its pretensions New Mexico and California. If he is 
unwilling to state it, let it so appear. 

6th. As a last resource, after having discussed the right 
of Mexico to the soil which they desire to emancipate 
from her, they may solely accede to the establishment 
of a factory in the port of San Francisco. If such are 
their pretensions, but with such restrictions that Mexico 
can never be accused of having divested herself of that 
port, or her actual right of dominion over it, this should, 
if possible, be limited to a definite time, and must then 
cease unless renewed by new treaties every eight years; 
in consideration of which the United States must pay a 
sum not less than a million of dollars, and a like sum for 
each and every renewal of this privilege, as an acknowl- 
edgment that the right rests in Mexico. 

7th. As regards the privilege solicited by the govern- 
ment of the United States to navigate the river Tehuan- 
tepee, or to traffic upon any way or road that may be es- 
tablished between the two seas, the government of Mex- 
ico absolutely denies or refuses to concede any such 
right. As a last resource, it may be said that the gov- 
ernment of Mexico will take into consideration the 
friendly relations which may hereafter be shown by the 
government of the United States towards the republic of 
Mexico; and in proportion to the confidence which its 
conduct may inspire, it will have no occasion to doubt 
the reciprocity of the Mexicans on the same terms as 
manifested to other nations, and never as Mexico. 

8th. The Mexican government cannot in any manner 
consent to exempt from the payment of duties merchan- 
dise introduced into its ports from the United States or 
any other nation, since the. occupation of said ports by 
the forces of the United States, and the absolute condi- 
tion upon which they may be taken into the interior will 
be, the pajment of the duties in conformity with the 
tariff of the nation. Indeed, it is too much condescen- 
sion in the Mexican government to have exempted them 
from sequestration, which would be the case by our last 
laws upon the subject. In case the United States are 
compromised with the importers, they must pay the duties 
of importation according to our tariff, and the importer 
shall pay the internal, consumption duties, &c. 

9th. The government of the United States ought to 
promise to withdraw all their forces, both land and naval, 
as soon as these preliminaries of peace are signed by 



333 [ 52 ] 

both parties, which preliminaries will remain subject to 
the ratification of the Mexican Congress, as required by 
the constitution of the country. 

10th. When the troops of the United States evacuate 
the Mexican territory, they must deliver the fortresses 
•which they occupy in the same state as when they took 
possession of them; that is, with the same cannon and 
armament, replacing what they may have destroyed. 

11th. Our commissioners will insist upon indemnifica- 
tion for the ruined fortunes of Mexicans by the troops of 
the United States, and will exercise all their ability to 
obtain from that government a promise to hear and ratify 
the reclamations that may be made on the subject. 

They shall in like manner pay the expenses of the war, 
w r hich Mexico has been forced to make, and which she 
did not provoke. 

Mexico, August 30, 1847. 



Antonio Lopez de Sa?ita Anna, general af division, well 
deserving of the country, and president ad interim of 
the United States of Mexico, to all who may see these 
presents: Know ye — 

That the most excellent general of division and mem- Full powers 
ber of congress, General D. Jose Joaquin de Herrera, of tlie Mexi- 
licentiate D. Jose Bernardo Couto, likewise a member o f ^ er g 0mmis * 
congress, brigadier general D. Ignacio Mora y Villamil, 
and the licentiate D. Miguel Atiistain, were nominated 
and appointed commissioners to hear the: propositions of 
peace made by the United States of America through 
Mr. Nicholas Trist: I now amplify and extend their 
commission to confer and to t eat with the aforesaid Mr. 
Nicholas P. Trist upon the contents of those proposi- 
tions, giving and conferring upon them for that purpose 
full and necessary powers, in virtue of the confidence 
which they deserve for their notorious illustration and 
accredited patriotism, under this condition, that all they 
may treat and agree upon shall be subject to the appro- 
val and ratification required by the constitution. At the 
same time, I authorize D. Miguel Arroyo to accompany 
and assist the aforesaid commissioners in the capacity of 
secretary and interpreter. 

| In faith of which, I have ordered these presents to be 
made out, signed by my hand, authorized by the national 
seal, and countersigned by the secretary of state, and of 
the office of domestic and foreign relations, in the federal 
palace of Mexico, this thirtieth day of the month of 
August, year of our Lord one thousand eight hundred 
and forty-seven, and twenty-seventh of independence. 
[l. s.] ANTONIO LOPEZ DE SANTA ANNA. 

J, R. Pacheco. 



[ 52 ] 334 

Letter trans- I have the honor to remit to your E. and V. SS. the 

muting the D ] enary power which the most excellent Sor. President 

foregoing full r c J f ,. . . 

powers and ad interim ot the republic has been pleased to conter 

instructions. U p r ,n you, in order that in your character of commission- 
ers you may treat with the commissioner of the United 
States of America upon the propositions of peace he has 
presented. I likewise have the honor to accompany this 
with instructions, to which you will subject yourselves 
in the execution of this interesting commission, with a 
full understanding that to nothing which exceeds the 
limits prescribed therein must your EE. agree to or sign, 
without having first solicited, and received through this 
ministry, authority so to do. You will be careful to in- 
form this ministry of everything which may be pretended 
or exacted by the United States against the tenor of the 
aforesaid instructions, which you must in no case osten- 
sibly use in your discussions with the commissioner of 
that republic. 

I repeat to your excellencies the assurance of my par- 
ticular consideration and esteem. 

God and liberty! Mexico, August 30, 1847. 

PACHECO. 
To the Most Ex. Sors. D. Jose Joaquin de Herrera, 

D. Jose Bernardo Couto, General D. Ignacio Mora 

y Villamil, and D. Miguel Atristain. 



rxhe Mexi. Most excellent sir: Having examined the basis and 
can comrais- the instructions which accompanied your excellency's 
S ''li' ier *t t note °f tn * s rnorning, authorizing us to proceed with the 
umier those negotiation which has been opened with the minister of 
instructions, the United States, we believe it to be our duty at once to 
make known to the supreme government, with the frank- 
ness of honorable men, that upon said basis and instruc- 
tions it is impossible for us to encharge ourselves with 
the negotiation, because we find ourselves without the 
necessary capacity to execute or fulfil them properly. 
We pray, then, that the supreme government will be 
pleased to consider the plenary powers with which we 
have been invested as not accepted on our part. 
God and liberty! Mexico, August 31, 1847. 
JOSE J. HERREH.A.. 
BERNARDO COUTO. 
IGNACIO MORA Y VILLAMIL. 
MIGUEL ATRISTAIN. 
JOSE MIGUEL ARROYO, 

Secretary. 
To the Most Ex. Minister or Relations. 



335 [ 52 ] 

I laid before the most excellent Sor. President your Therestric- 

official note ot' this morning, renouncing: the commission * 10U8 . l, P on the 

.,,. ,. i & •, Mexican com- 

which he had conferred upon you to treat with the com- miss'ers with- 

missioner of the United States upon the basis and instruc- drawn »ftdr 
tions which accompanied my communication of yester- h«n° n "with 
day. His excellency, after the conference had with you them in coun- 
yourselves, and with his cabinet council, rpsolred to cil of ^'s- 
anipiify the instructions in this sense, viz: that you ap- 
proximate to them as much as may be possible; agreeing 
to some modifications which the circumstances of the 
•country may exact, as well as things of minor importance 
which may arise during the discussion In a word, the 
supreme government has chosen your excellencies, who 
have many times bee« chosen by the nation, in conse- 
quence of its knowledge of your illustration and patri- 
otism, and in your hands it places the honor and interests 
of our country. 

God and liberty! Mexico, August 31, 1847. 

PACHECO. 
To the Most Ex. Sors. D. Jose Joaquin de Herrera, 

D. Bernardo Couto, D. Ignacio Mora y Villamil, 

and D. Miguel Atristain. 



The Mexican Commissioners to Mr. Trist. 
[Translation.] 

House of Alfara, on the Chapultepec Causeway, jjotefromthe 
September 6, 1847. Mexieancom- 

missionors to 
m , i • j j -l ,i „ Mr. Trist. ac - 

Ihe undersigned, commissioned by the government of companying 

the Mexican republic to concert with your excellency an counter pro- 
arrangement for peace, on placing in your hands the jet " 
counter-projet which they have framed conformably to 
the last instructions of their government, think proper to 
accompany it with the observations contained in this 
note, which will tend to place in a clearer light the pa- 
cific disposition of Mexico in the contest which unfor- 
tunately separates both countries. The 4tii article of the 
projet which your excellency was pleased to deliver to 
us on the 27th of August last, and which has been the 
subject of our latter conferences, relates to the cession, 
on the part of Mexico, 1st, ef the State of Texas; 2d, of 
the territory on this side ot the limits of that State, ex- 
tending to the left bank of the Bravo and to the southern 
frontier of New Mexico; 3d, of all New Mexico; 4th, of 
the two Californias. 

The existing war has been undertaken solely on ac- 
count of the territory of the State of Texas, respecting 



[ 52 ] 336 

which the North American republic presents as its title 
the act of the said State by which it was annexed to the 
North American confederation, after having proclaimed its 
independence of Mexico. The Mexican republic offer- 
ing (as we have informed your excellency) to consent, 
for a proper indemnification, to the pretensions of the 
government of Washington to the territory of Texas, the 
cause of the war has disappeared, and the war itself ought 
to cease, since there is no warrant for its continuance. 
To the other territories mentioned in the 4th article of 
your excellency's draught, no right has heretofore been 
asserted by the republic of North America, nor do we 
believe it possible for it to assert any. Consequently, it 
could not require them to accept by the right of conquest, 
or by the title which will result from the cession or sale 
which Mexico might now make. But, as we are per- 
suaded that the republic of Washington w r ill not only ab- 
solutely repel, but will hold in abhorrence the first of 
these titles, and as, on the other hand, it would be anew 
thing, and contrary to every idea of justice, to make war 
upon a people for no other reason than because it refused 
to sell territory which its neighbor sought to buy, w r e ex- 
pect from the justice of the government and people of 
North America that the ample modification w T hich we 
have to propose to the cession of territory, (beyond that 
of the State of Texas,) contemplated by the said article 
4, will not be a motive to persist in a war which the 
worthy general of the North American troops has justly 
styled as unnatural. 

In our conferences, we have informed your excellency 
that Mexico cannot cede the belt which lies between the 
left bank of the Bravo and the right of the Nueces. The 
reason entertained for this, is not alone the full certainty 
that such territory never belonged to the State of Texas, 
nor is it founded on the great value, in the abstract, 
which is placed upon it. It is because that belt, together 
with the Bravo, forms the natural barrier for Mexico, 
both in a military and a conmerc'u.l sense; and the 
barrier of no State ought to be sought, and no State can 
consent to abandon its barrier. But, in order to remove 
all cause for trouble hereafter, the government of Mexico 
engages not to found new settlements or establish colonies 
in the space between the two rivers; so that, remaining 
in its present uninhabited condition, it may serve as a 
safeguard equally to both republics. Pursuant to our in- 
structions, the preservation of this territory is a condition 
sine qua non of peace. Sentiments of honor and delicacy, 
(which \our excellency's noble character will know how 
worthily to estimate,) even more than a calculation of 
interest, prevent our government from consenting to the 
dismemberment of New Mexico. Upon this point we 



337 [52] 

deem it superfluous to add anything to that which we 
had the honor* to explain to you orally in our confer- 
ences. 

The cession of Lower California, which would be of 
little advantage to the republic of North America, offers 
great embarrassments to Mexico, considering the position 
of that peninsula opposite to our coast of Sonora, from 
which it is separated by the narrow gulf of Cortes. Your 
excellency has appreciated our remarks on this point, 
and we have been gratified to see that you have yielded 
to them. The preservation of Lower California would be 
enough to make it indispensable to keep a part of Upper 
California; for, otherwise, that peninsula would be with- 
out any communication by land with the rest of the re- 
public, which is always a great embarrassment, especially 
for a power like Mexico, which is not maritime. The 
grant which is offered by our government (for the proper 
equivalent) of that part of Upper California which ex- 
tends from the 37th degree upwards, not only allows to 
the United States the acquisition of an excellent coast, 
of fertile lands, and also of untouched mines, but also 
presents to it the advantage of extending to that limit 
its Oregon possessions. The wisdom of the government 
of Washington, and the praiseworthy industry of the 
American people, will know how to draw rich fruits from 
the important acquisition which we now offer. 

In the 8th article of your excellency's draught, the 
grant of a free passage across the isthmus of Tehuantepec 
to the South Sea is sought in favor of the North Ameri- 
can citizens. We have orally explained to your excel- 
lency that, some years since, the government of the re- 
public granted to a private contractor a privilege, with 
reference to this object, which was soon transferred, with 
the sanction of the same government, to English sub- 
jects, of whose rights Mexico cannot dispose. There- 
fore, your excellency will not wonder that upon this 
point we do not accede to the desires of your govern-/ 
ment. 

We have entered into this plain statement of the mo- 
tives which the republic has for not agreeing to alienate 
all the territory asked of it beyond the State of Texas, 
because we desire that the North American government 
and people may be persuaded that our partial refusal 
does not proceed from feelings of aversion created by 
the antecedents in this war, or by the sufferings which 
it has inflicted upon Mexico, but rests upon considera- 
tions dictated by reason and justice, which would operate 
at any time with reference to the most friendly nation, 
although our relations of friendship with her might be 
of the closest character. The other changes which your 
-excellency will find in our counter draught are of minor 
22 



[ 52 ] 338 

moment, and we believe that there will be no serious 
objection to them. The subject contained in the 12th 
article has before now been mentioned in your excel- 
lency's country. We flatter ourselves, from the integrity 
of your government, that it will not refuse to contract 
an engagement so conformable to honor and that good 
harmony in which two neighboring people ought to live. 

The peace between both countries will be established 
with greater solidity if a friendly power, (England,) 
which has so nobly offered its good offices to Mexico 
and the United States in the present contest, will now 
offer to grant its guarantee for the faithful fulfilment of 
the treaty which may be concluded. The Mexican gov- 
ernment understands that it would be very proper to 
solicit this guarantee. 

Our government directs us to recommend to your ex- 
cellency that you will be pleased to communicate your 
decision upon the cornier draught, which we have the 
honor to present to you, within three days. 

The good and salutary work, can, in our opinion, reach 
a happy end, if each of the contending parties resolves 
to abandon some of its original pretensions. This has 
always been the cast ; and no nation ever hesitated, at 
such a juncture, to make great sacrifices to extinguish 
the destructive flame of war. Mexico and the United 
States have special reasons thus to act. We must con- 
fess, not without a blush, that we are exhibiting to man- 
kind the scandal of two christian nations, of two repub- 
lics, in the presence of all the monarchies, mutually 
doing to one anrther all the harm we can by disputes 
about boundaries, when we have an excess of land to 
people and to cultivate, in the beautiful hemisphere 
where Providence caused us to be born, We venture to 
commend these considerations to your excellency, before 
you come to a definite decision upon our propositions. 

We consequently do ourselves the honor to offer yotfr 
our devotion and respect. 

JOSE J. DE HERRERA, 
BERNARDO COUTO, 
1GNACIO MORA Y VILLAMIL, 
MIGUEL ATRISTAIN. 

To His Excellency Don Nicholas Tribt, 
Deputed with full powers by the government 

of the United States to the government 
of the Mexican republic 



339 [ 52 

[Translation.] 
COUNTER PROJECT. 

1st. There shall be firm and universal peace between Mexican 
the United States of America and the Mexican republic, : C e ° t " n ' 
and their respective territories, cities, towns, and vii- J 
lages, not excepting persons or places. 

2d. All the prisoners of war made on either siBe, 
whether by sea or land, shall be released immediately 
after the signing of the present trea'y. It is also agreed 
that, if any Mexicans are now captives in the power of 
any Indian tribe within the limits ceded by the 4th ar- 
ticle to the United States, the government of said United 
States shall exact their release, and that they be restored 
to liberty and to their homes in Mexico. 

3'). Immediately aftei the exchange of the ratifica- 
tions of this treaty, all the forts, places, and possessions, 
which may have been taken or occupied during this 
present war, within the lirnils fixed by the 4th article 
for this republic, shall be restored to the Mexican repub- 
lic. In like manner shall be restored the artillery, arms, 
and ammunition that were in the castles and strong- 
holds whnn they fell into the power of the troops of the 
United States. With respect to the artillery taken out- 
side of said castles and fortified places, that which is 
still in the power of the United States troops shall be 
returned to Mexico at the date of the signing of the 
present treaty. 

4th. The dividing line between the two republics shall 
commence in the gulf of Mexico, three leagues irom 
land, opposite the southern mouth of the bay of Corpus 
Christi; shall run in a straight line from within the said 
bay to the mouth of the river Nueces; thence through 
the middle of that river, in all its course, to its source; 
from the source of the river Nueces shall be traced a 
stiai^hr line until it meets the present frontier of New 
Mexico, on the east-southeast side; it shall then follow 
the present boundary of New Mexico on the east, north, 
and west, until this last touches the 37th degree; which 
will serve as limit for both republics, from the point in 
which it touches the said frontier of the west of New 
Mexico to the Pacific ocean. The government of Mexico 
promises not to found any new settlements or establish 
colonies in the tract of land which remains between the 
river Nueces and the Bravo del Norte. 

5th. As a just compensation for the extension of their 
old limits, which the United States acquire by the previ- 
ous article, the government of said United States is bound 
to pay over to the republic of Mexico the sum of 

, which shall be placed, in the city of Mexico, at 
the disposal of the said government of the Mexican re- 



[ 52 ] 340 

public, in the act of exchanging the ratification of this 
treaty. 

6th. The government of the United States is further 
bound to take upon itself, and satisfy fully, the claimants 
to all the instalments [cantidades] which are due up to 
this time, and may become due in future, by reason of 
the claims now liquidated, and decided against the Mex- 
ican republic, agreeably to the conventions arranged be- 
tween the two republics on the 11th of April, 1839, and 
30th of January, 1843, in such manner that the Mexican 
republic shall have absolutely no further payment to 
make on account of the said claims. 

7th. The government of the United States is also bound 
to take upon itself, and pay fully, all the claims of its 
own citizens, not yet decided, against the Mexican re- 
public, whatever may be the title or motive from which 
they may proceed, or on which they are founded; so that, 
from the date of the exchange of the ratifications of the 
present treaty, the accounts of every kind that exist, or 
may be supposed to exist, between the government of 
Mexico and the citizens of the United States, shall re- 
main settled definitively and forever. 

8th. In order that the government of the United States 
may be able to satisfy, in observance of the previous ar- 
ticle, the claims not yet decided of its citizens against 
the Mexican republic, there shall be established by the 
government of the said United States a tribunal of com- 
missioners, whose decision shall be conclusive and de- 
finitive; provided, that on deciding upon the validity of 
any demand, it may be adjusted by the principles and 
rules which were established in the articles 1st and 5th 
of the convention (not ratified) which was concluded in 
Mexico on the 20th November, 1843; and in no case 
shall a decision be given in favor of any claim which is 
not adjusted pursuant to the aforesaid rules. If the tri- 
bunal of commissioners deem it necessary, for the just 
decision of any demand, to examine books, registers, or 
documents which are in the power of the Mexican gov- 
ernment, the government of the United States shall make 
application for them, and either the originals or faithful 
copies shall be sent to it for the purpose of being, as they 
may, communicated to the said tribunal; it being under- 
stood that there shall not be made by the government of 
the United States any application for the said books, re- 
gisters, or documents, until it shall be specified, in each 
case, under oath, or with judicial sanction on the part of 
the claimant in the case, the facts sought to be proved 
with such books, registers, or documents. 

9th. All the temples, houses, and edifices, dedicated to 
the rites or exercises of the Catholic worship, in territo- 
ries belonging hitherto to the Mexican republic, and 
which, by the 4th article of this treaty, wili be within 



341 [ 52] 

the limits of the United States, shall remain dedicated to 
the same rights and exercises of the Catholic religion, 
without any change, and under the special protection of 
the laws. The same shall be the case with all goods, 
moveable and immoveable, which within the said territo- 
ries are dedicated to the support of the Catholic worship, 
or the support of schools, hospitals, and other establish- 
ments of charity or benevolence. Finally, the relations 
and communications of the Catholics living in the same 
territories with their respective ecclesiastical authorities, 
shall be frank, free, and without any embarrassment, even 
though the said authorities have their residence within 
the limits which remain subject to the Mexican republic 
in this treaty; nor shall there be any new demarkation of 
ecclesiastical districts, except conformably to the laws 
of the Catholic church. 

10th. The Mexicans residing in territory heretofore be- 
longing to Mexico, and now in the limits of the United 
States, may at any time return to the Mexican republic, 
preserving in the said territory the property they pos- 
sess; may transfer and convey its value wherever it suits 
them, .without, on this account, being liable to the exac- 
tion by the United States of any kind of contribution, 
tax, or impost. If the persons here treated of prefer to 
remain in the territories they now inhabit, they may pre- 
serve the title and rights of Mexican citizens, or at once 
acquire the title and rights of citizens of the United 
States, if they wish it; but in all cases they and their 
property shall enjoy the most ample security. 

11th. All the grants of lands made by Mexican autho- 
rities, in territories belonging heretofore to the republic, 
and by this treaty to be for the future within the limits 
of the United States, shall be valid and permanent, and 
shall be sustained and guarded forever by the govern- 
ment of the said United States. 

12th. The republic of the United States promises sol- 
emnly not to pe'rmit hereafter the annexation of any dis- 
trict or territory comprehended in the limits which, by 
the present treaty, are assigned to the Mexican republic. 
This solemn agreement has the character of a condition 
from the territorial cessions which Mexico now makes to 
the republic of North America. 

13th. All goods now in the Mexican ports occupied by 
the North American troops, shall pay the duties estab- 
lished by the tariff of the Mexican republic, provided 
they have not before paid duties to that republic; but 
they shall not incur the penalty of confiscation. 

14th. The government of the United States shall satis- 
fy, according to just terms, the claims of Mexican citi- 
zens for the injury sustained in their interests by the 
North American troops. 

The present treaty shall be ratified, &c, &c. 



[52] 



342 



Newinstmc- Most Excellent Siks: The supreme government has 

tions to tfl0 taken ; r ,to consideration the verbal information which 

oxica.ii com- . . . 

Mweioners, you Lave given to it in relation to the conferences held 

founded on the w jth the commissioner of the United States, and has ex- 

them^y Mr° aniined the draught Gf the article upon limits, which he 

TrUt on tbe presented to you, offering that if it was accepted by 

2ief Septem- Mexico, he would consult his government thereupon, 

because he cannot, alone, in conformity with his « ctual 

instructions, relinquish the territory situated between 

the Bravo and Nueces. 

Having examined, anew, the question under every as- 
pect in which it can be viewed, it has been resolved in 
cabinet council that I should say to your excellencies, 
as I now do, that, unless that proposition is modified 
upon the recognized right of Mexico to deliberate, and 
if the pretensions of the United States are not charac- 
terised as subjects for negotiation, then its commissioner 
leaves no other resource to the government of Mexico, 
than those suggested by honor; and those are, to close 
the door to every possibility of making a peace. 

To restore this great good to the nation, the govern- 
ment yielded to cede Texas, and a part of Upper. Cali- 
fornia, on the frontier of Oregon, upon the terms men- 
tioned to you in your instructions, but not with the re- 
servation that, even if approved by Congress, would the 
government cede any more, much less of New Mexico, 
whose inhabitants have manifested their will to make a 
part of the Mexican family, with more enthusiasm than 
any other part of the republic. Those well- deserving 
Mexicans have been, by some administrations, aban- 
doned to their fate; very frequently without protection; 
not even shielded from the incursions of the savages. 
Yet, notwithstanding all this, they have been the truest 
Mexicans, and most faithful patriots; forgetting t eir 
private grievances, they at this time remember only that 
they are, and wish to, belong to the Mexican family, ex- 
posing themselves to be sacrificed to the vengeance of 
their invaders, against whom they have raised. When 
their plans were discovered and disconcerted, their con- 
spirators frustrated, they have not ceased to conspire. 
Could the government go to sell Mexicans like these as 
they would a herd of sheep] No! Before the nation- 
ality of the rest of the republic shall be lost to them, we 
wilt all perish together. 

This is not to decide upon questions of enlarged pol- 
icy with pride or affected nobleness; the statesman who 
is called to act upon great questions of policy, should 
possess no other qualification than that of cold calcula- 
tion. The government knows very well the vicissitudes 
of nations; and that, in all the earth, there is not one to 
be found in the primitive condition in which it 



343 £ 52 j 

was, nor as depicted in the first years of its history. 
But in the eyes of the cabinets of Europe, pretensions 
to increase territory are esteemed unjust, when made at 
the expense of wounding respectable and resisting na- 
tionality. It is true, that our fellow citizens might be 
able to remain in their country, and preserve their prop- 
erty and nationality; but then it would be said of them 
what might be said of all Mexicans — that is, that they 
remain strangers in their own country; and if it awakens 
horror to make such a proposition to all Mexicans, the 
same effect will be produced by accepting it for a part of 
them. They might, it is true, return to the dominions 
that remain to their country, having first sold their pro- 
perty at an advance upon its present value; and if they 
wish, it might be augmented from the national domain, 
and repair the damage attendant on breaking up and 
moving, out of the price of indemnity given by the Uni- 
ted States; but it is not the government of Mexico that 
will place a price upon the adhesion of its citizens to 
the soil upon which they were born. 

These considerations have increased force when ap- 
plied to the possession of the river Bravo; because it is 
not alone the existence of our system of revenue that is 
menaced thereby; but, likewise, the nationality of the 
residue of the republic, for whose destruction ten years 
would suffice, when we take into view the spirit of en- 
terprise and inundation which pervades our neighbors, 
and contrast it with the state of infancy in which we 
find ourselves. 

If.the commissioner of the United States cannot, under 
his instructions, prescind from this pretension, neither 
can the government of Mexico consent to prolong the 
armistice for forty-five days for him to consult with the 
government at Washington. 

Although an indemnification is offered for the terri- 
tory to which they advance pretensions, although they 
may, and do, allege (with or without reason) the rights 
of war, and let these rights be valued at all they are 
worth in this country, it is Texas alone. The govern- 
ment cannot comprehend how the United States can 
exact these humiliating sacrifices, as conditions to make 
a peace, after so many protestations that it would be 
equitable and honorable. If their right is that of force, 
and they believe themselves sufficiently strong to take 
and keep possession of the territory which they say they 
wish to purchase, how can they, in good faith, call it 
equitable and honorable to have thrust themselves into 
a territory that does not belong to them, desolating its 
cities and killing our citizens, who have in nothing of- 
fended them, and come to the capital to force us to make 
a sale] In view of these considerations, the govern- 



[ 52 ] 344 

ment will not stop to calculate the elements of the nation 
to continue the war; its duty is to prosecute it with the 
means it can command. 

In New Mexico, and the few leagues which divide the 
right bank of the Nueces from the left bank of the Bravo, 
is contained either peace or war. If the commissioner 
of the United States leaves nothing else to the govern- 
ment of Mexico than to choose between this cession 
and death, in vain was he sent by his government; he 
might long since have ascertained what would be the 
answer. 

If the United States have made their election, and pre- 
fer violence and our humiliation, they will be held re- 
sponsible before God and the world. 

I say this to your excellencies by order of the most 
excellent Sor. president, offering you my distinguished 
consideration. 

God and liberty! Mexico, September 5, 1847. 

J. R. PACHECO. 

To the Sors. D. Jose Joaquin de Herrera, D. Ber- 
nardo Couto, D. Ign^cio Mora y Villamil, and 
D. Miguel Atristain. 



Most Excellent Sir: Although we daily informed 
the supreme government of what occurred in our con- 
ferences with Mr. Nicholas Trist, commissioner with 
plenary powers from the United States, we think it 
proper to report in writing the substance of what was 
orally communicated. 

On the afternoon of the 27th August last, we met for 
the first time in the town of Atzcapuzalco. On the ex- 
change of powers, we found those of Mr. Trist most 
ample to settle all existing differences between Mexico 
and the United States, to fix the limits of both countries, 
and adjust definitively a peace. Ours were restricted to 
receive the propositions of his government, if they were 
reduced to writing; and if made verbally, to reduce them 
to writing, with his approval. As Mr. Trist made some 
observations upon the limitation of our powers, we sat- 
isfied him by observing that when the time came to treat, 
we would present a complete authority. He immedi- 
ately delivered to us the project of a treaty, which we 
that same night placed in the hands of the president. In 
conclusion, Mr. Trist proposed to us to select for the 
place of our future meeting a country house, of which 
he spoke, situated in the vicinity of Chapultepec, less 
distant from Tacubaya, where he resided, and from Mex- 
ico, where we were. We promised to take notice of 



345 [ 52 ] 

the place designated, and adjourned to meet again the 
following day. 

The next conference was confined to the subject of 
the country house he had selected (vulgarly called the 
inquisitor Alfaro.) We informed him that we approved 
of it, and we fixed upon Wednesday, the 1st instant, for 
our third meeting, the two intermediate days being re- 
quired by the government to maturely examine the pro- 
jet, to resolve what action was required upon it, and to 
make out" the instructions by which we were to be 
guided. 

On Wednesday we exhibited to him the full powers 
conferred upon us by the supreme government, and we 
entered into a long and calm discussion with Mr. Trist 
upon the capital points of the projet, which was con- 
tinued all through the next day (Thursday.) We have 
given to the. supreme government the details. The point 
on which the negotiations then rested was this: Mr. 
Trist showed himself disposed to abandon his first preten- 
sions upon Lower California and upon a part of the Upper, 
in order that Lower California might be able to commu- 
nicate by land with Sonora. He then offered, if no other 
point of difference remained to conclude a peace than 
that relative to the territory between the Bravo and 
Nueces, he would consult his government — not without 
hope of a good exit. This step would cost a delay of 
more than forty days in the negotiation. But the ces- 
sion of New Mexico on our part was a condition from 
which he could not depart, not even to submit it to a 
new consultation in Washington, for he was fully cer- 
tain that his government considers it as a condition sine 
qua non of peace. The other points touched upon in the 
projet appeared to us reconcilable, if both parties should 
adopt terms of accommodation: such, at least, was the 
judgment we formed during the conferences. 

The government being informed of all that took place, 
your excellency communicated to us its final resolution 
in your note of yesterday, in conformity with which, 
and approbation of the cabinet council, we immediately 
extended and delivered to Mr. Trist the same day the 
counter projet and note, copies of which are annexed, 
and numbered 1 and 2. Without any new discussion, he 
offered to reply to-day, which, in effect, he has done by 
an official note, of which No. 3 is a copy. That termi- 
nates the commission with which the supreme govern- 
ment was pleased to honor us, in a way contrary to what 
we sincerely desired, as well as endeavored to procure 
through the whole negotiation. 

It now only remains for us to say, that in all our re- 
lations with Mr. Trist we found ample motives to appre- 
ciate his noble character; and if at any time the work 



[52] 



346 

of peace is consummated, it will be done by negotiators 
adorned with the same estimable gifts which, in our 
judgment, distinguish this minister. 

God and liberty! Mexico, September 7, 1847. 
JOSE J. DE HERRERA. 
BERNARDO COUTO. 
IGNACIO MORA Y VILLAMII. 
MIGUEL ATKISTAIN. 
To the Most Excellent Sor. Minister of Relations. 



Correspondence between the general -in- chief of the army 
of the United States and the supreme government of 
the republic of Mexico. 

Head-quarters, Army of the U. S. of America, 

September 6, 1847. 
Gen^Scottto Sir: The article 7th, as well as the 12th, which stipu- 
of Mexico, an- ^ a ^ e that the traffic or commerce shall on no account be 
nouncing ter- interrupted, of the armistice or military convention 
mination of wn j cn I had the honor to ratify and exchange with your 
armistice. ,, ..ir^i^A^i^i i 

excellency on the 24th ot August last, have been repeat- 
edly violated soon after the armistice was signed on the 
part of Mexico; and I now have very good reason to believe 
that within the last forty-eight hours, if not before, the 
3d article of the convention was in like manner violated 
by the same par'y. These direct attacks on good faith 
gives to this army full right to open hostilities against 
Mexico without previous announcement; but I concede 
the time necessary for explanation, ratification, and, if 
possible, reparation.* 1 On the contrary, I now declare 
formally that if I do not receive complete satisfaction 
for all these charges before 12 o'clock to-morrow, I will 
consider the aforesaid armistice as terminated after that 
hour. 

I have the honor to be your excellency's obedient ser- 
vant, 

WINFIELD SCOTT. 
To his excellency the President 

And General-in-chief of the Republic of Mexico. 

A copy of the translation. — Mexico, September 7, 1847. 

JOSE DE ROMERO. 



Head-quarters Army of the Republic of Mexico, 

Mexico, September 7, 1846. 
Reply of the Sir: By the note of your excellency of this date, I 
President. l earnj w ith surprise, that you consider the articles 7, 12, 






347 [ 52 ] 

and 3, of the armistice, have been violated by the civil 
and military authorities of Mexico. 

The civil and military authorities of Mexico have not 
impeded the entrance of provisions to the American army; 
and if at any time its remittance was retarded, it has been 
precisely on account of the imprudence of the American 
agents; who, without having previously agreed with the 
aforesaid authorities, have given rise to a popular effer- 
vescence which cost the Mexican government much trou- 
ble to repress. Last night, and the night previous, the 
escorts were ready to conduct provisions; and if the ex- 
traction was not verified, it was because Mr. Hargous 
did not wish it. The order given to suspend traffic be- 
tween the two armies was directed to private persons, 
and not to the agents of the armj of the United States; 
it was reduced to that sole object, with a view to give 
more expedition to the traffic. In exchange for this con- 
duct, your excellency has prohibited the owners and ad- 
ministrators of wheat-mills in the vicinity cf Mexico to 
bring flour into the city, which has opened a wide breach 
in that good faith w r hich your excellency promised to 
me. 

It is false that any new work of fortifications has been 
undertaken, because some trifling repairs were necessary 
to re-establish them in the state in which they were the 
clay of the armistice, or because casualties or momentary 
convenience had «aused the destruction of pre-existing 
works. I acquired very early notice of the establish- 
ment of a masked battery behind the garden wa'l of Ga- 
ray, in that village, and made no reclamation, because 
the peace of two great republics should not be made de- 
pendent on things grave themselves, but of little value 
in respect to the result in which all the friends of hu- 
manity are interested, as well as the felicity of the Ame- 
rican continent. 

I have, with pain and indignation, received communi- 
cations from the cities and towns occupied by the army 
of your excellency, upon the violation of temples con- 
secrated to the worship of God; upon the robbery of the 
sacred vessels and profanation of the images venerated 
by the Mexican people. I have been profoundly afflicted 
by the complaints of fathers and husbands upon the vio- 
lation of their wives and daughters. Those same cities 
and towns have been sacked, not only in violation of the 
armistice, but even of the sacred principles recognized 
and observed by civilized nations. I had guarded si- 
lence until now, for the purpose of not chilling a nego- 
tiation that gave hopes of terminating a scandalous war, 
which your excellency has justly characterized as unnat- 
ural. I will not persist in offering apologies, because 
the true and undisguisable cause of the rupture of hos- 



[52] 



348 

tilities with which you menace me is not hidden from 
me — it is, that I would not lend myself to subscribe a 
treaty that would not only considerably diminish the ter- 
ritory of the republic, but likewise that dignity and de- 
corum which nations defend at every hazard. 

If these considerations have not equal weight in the 
mind of your excellency, then you shall be responsible 
before the world, who will readily discover the party 
to whom moderation and justice belong. I flatter my- 
self that your excellency, in the midst of a calm, will 
convince yourself of the force or foundation of these 
reasons; but if, unfortunately, you seek for nothing more 
than a pretext to deprive the first city on this continent 
of all means to save the innocent and defenceless part of 
its population from the horrors of war, there will remain 
for me no other means of saving it than to repel force 
by force, with that energy and decision which my high 
obligations prescribe. 

I have the honor to be your excellency's most obedi- 
ent servant, 

ANTONIO LOPEZ DE SANTA ANNA. 

Copy of the original. — Mexico, September 7, 1847. 

JOSE D. ROMERO. 

To his Excellency General Wintield Scott, 

General-in- chief of the Army of the United States. 



[Enclosure No. 5. in despatch No. 16.] 



CONTESTACIONES 

HABIDAS 

ENTRE EL SUPREMO GOBIERNO MEXICANO 

EL 

GENERAL-EN-GEFE DEL EJERCITO AMERICANO, 

Y EL COMISIONADO DE LOS EST ADOS UNIDOS. 



[52] 



350 



Cuartel General del ejercito de los E. U. de America, 

Coyoacan, Agosto 21 de 1847. 

Sor: Demasiada sangre se ha vertido ya en esta guerra desnatur- 
lizada entre las dos grandes republicas de este continente. Es 
tiempo que las diferennias entre eilas stan amigable y honorosamente 
arregladas, y sabe V, E., que un comisionado por parte de los Es- 
tados Unidos, investido con plenos poderes para este fin, esta con 
este ejercito. Para faciiitar que las dos republicas entren en nego- 
ciaciones, deseo firmar en teVminos razonables un corto armisticio. 

Quedo con impaciencia esperando hasta manana por la manana 
una respuesta directa a esta comunicacion; pero en el entretanto 
tomare' y ocupare' aquellas posesiones afuera de la capital, que con- 
sidere necesarias al abrigo y eoniodidad de este ejercito. 

Tengo el honor de qutdar con alta consideration y respeto, de 
Y. E. muv obediente servidor. 

WINFIELD SCOTT. 

A. S. E. el President 

Y General-en-gefe de la Republica de Mexico. 



MlNISTERIO DE GUERRA Y MARINA, SeCCION DE OpERACIONES. 

Sor: El infrascrito ministro de guerra y marina del gobierno de 
los Estados Unidos Mexicanos, ha recibido 6rden del Exmo. Sr. 
Presidente, general-en-gefe, de contestar a la comunicacion de V. 
E., en que la propone la celebracion de un armisticio, con el fin de 
evitar mas derratnamiento de sangre, entre las dos grandes repub- 
licas de este continente, oyendo las proposiciones que haga para el 
efecto, el comisiondo del Exmo. Sr. Presidente de los Estados 
Unidos de America que se halla en el cuartel general de su ejercito. 

Lamentable es ciertamente, que por no haber sido eonsiderados 
debidamente los derechos de la republica Mexicana, haya sido in- 
evitable el derramamiento de sangre entre las primeras repuohcas 
del centinente Americano, y con mucha exactitui calitica V. E. de 
desnaturalizada esto guerra no solo por sus motivos, sino por los 
antecedentes de dos pueblos tan indentificados en relsciones y en 
intereses. La proposicion de un armisticio para terminar este es- 
candalo, ha sido admitida con agrado por S. E. el Presidente, gen- 
eral-en-cefe, porque facilitara el que puedan ser escuchadas las 
proposiciones que para el terinino decoroso de esta guerra haga el 
sefior comisionado del Presidente de los Estados Unidos de Amer- 
ica. 

En consecuencia me manda S. E. el Presidente, general-en-gefe, 
anunciar a V. E., que admite la proposicion de celebrar un armis- 
ticio y que para el efecto ha nombrado a. los senores generales de 
brigada D. Ignacio Mora y Villamil, y D. Benito Quijano, quienes 
cstaran en el lugar y hora que me anuncie. 

Tambien me previene S. E. el general Presidente, que comu- 
nique & V. E., su deferencia a que el ejercito de los Estados Uni- 
dos tome cuarteles comoJos y provistos, esperando que estos se 
hallaran fuera del tiro de las fortiicaciones Mexicanas. 



351 [ 52 ] 

Tengo el honor de ser con alta consideracion y respeto de V. E. 
su mas obediente seividor, 

ALCORTA. 

Es copia. — Mexico, Agosto 21 de 1847. 

MANUEL MARIA DE SANDOVAL. 

A. S. E. el General Wtmfield Scott, 

En gefe del ejercito de los Estados Unidcs de America. 



Exmo. Sr. Testigos son todos los Mexicanos, pero muy especial- 
mente los habitantes de esta capital, de los extraordinarios esfuer- 
zos que ha hecho el Exruo. Sr. Presidente interino para reunir un 
ejercito capaz de combatir con el de los Estados Unnios, y recup- 
erar el brillo de las aimas de la republica: testigos son tambien de 
que ha combatido con denuedo esponiendo su propria vida, hasta 
el momento en que volviendo a serle esquiva la victoria, el enemi- 
go se encuentra a las puertas de la ciudad. 

En tales circunstancias y cuando los habitantes de la populosa 
Mexico han hecho todo g^nero de saCrificios para llevar adelante 
la guerra, es uno de los mas imperiosos deberes del primer magis- 
trado, impedir los males irreparables de un asalto y evitar todas 
las consecuencias de una ocupacion violenta. A este fin, y hacien- 
do uso de sus facultades constitucionales, arreglandose al acuerdo 
del congreso general comuii'cado en 16 de Julio anterior, ha dis- 
puesto se oigan las proposiciones que por parte del gobierno de los 
Estados Unidos viene i liacrr Don Nicholas Trist, y negociar que 
entretanto haya una suspension de armas 

Como el negocio es del mas grande interes para la republica, el 
E. Sr. Presidente desea que el congreso nacional tome en el la 
parte que le corresponde, y al efecto me manda escitar a V. E. 
con el fin de que se sirva disponer se cite con el mayor empeiio a 
los Sres. diputados para que se reunan en sesion a las doce del dia 
de hoy. 

Reitero.a V. E. las seguridades de mi distinguida consideracion, 

Dios y libertad! Mexico, Agosto 21 de 1847. 

J. R. PACHECO. 

Escelentisimo Sr. Presidente, 

Del Seberano Congreso. 



Secretaria dbl Soberawo Conoreso constituyente Mexicano. 

Exmo. Sr.: Luego que recibi !a nota de V. E fecha de hoy, dis- 
puse que se citase & los Sres. diputados; pero no habiendose reuni- 
do hasta las tres de la tarde mas de. reintiseis individuos, por hal- 
larse muchos senores diputados fuera de esta capital, a virtud del 
acuerdo de 10 del presente se dispuso por la junta se hiciese nueva 



[52] 



352 



citacion a los que no han concurrido, y que se escitase al gobierno 
■para que por medio de los JExmos. Sres. gobernadores de los Es- 
tados procurase la reunion del Congreso. 

Tengo la satisfaccion de manifestarlo a V. E. en contestacion a 
su nota referida, y de reproducirle las protestas di mi aprecio. 
Dios y libertad! Mexico, Agosto 21 de 1847. 

A. M. SALONIO. 
Escelentisimo Sr. Ministro 

De Relaciones Interiores y Esteriores. 



\ 



Los infrascritos nombrados respectivamente, los dos piimeros por 
el Exrao. Sr. Presidente de la republica Mexicana, general-en-gefe 
de su ejercito, Don Antonio Lopez de Santa Anna, y los tres se- 
gundos nombrados por S. E. el Mayor General de los Estados 
Unidos de America y en gefe de sus ejercitos, Winfield Scott, re- 
unidos en Tacubaya el dia 22 de Agosto de 1847, despues de ha- 
"berse mostrado sus plenos poderes para celebrar un armisticio en- 
tre ambos ejercitos, con el objeto de dar lugar al gobierno Mexi- 
cano para tomar ev consideracion las proposiciones que tiene que 
hacerle el comisionadp por parte del Exmo. Sr. Presidente de los 
Estados Unidos de America, han convenido en los articulos sig- 
uientes: 

1°. Cesaran al instante y en lo absoluto, las hostilidades entre 
los ejercitos de los Estados Unidos Mexicanos, y los de los Esta- 
dos Unidos .lei Norte America, en la comprension de treinta leguas 
de la capital de los primeros, para dar tiempo a que traten los co- 
misionados nombrados por la' republica de los Estados Unidos, y 
los que se nombrem por parte de la de Mexico. 

2°. Coniinuara este armisticio todo el tiempo que los comision- 
ados de ambos gobiernos esten ocupados en las negociaciones, 6 
hasta que el gefe de alguno de los dos ejercitos avise formalmente 
al otro de la cesacion de aquel, y con cuarenta y ocho horas de an- 
ticipacion, al rompimiento. 

3°. En el entre tanto del armisticio, ninguno de los dos ejercitos 
comenzara en el distrito expresado de 30 leguas de la ciudad de 
Mexico, ninguna fortificacion ni obra militar de ofenza 6 defenza, 
ni hara nada para agrandar 6 reforzar las obras 6 fortificaciones ex- 
istentes dentro de los expresados limites. 

4°. Ninguno de los ejercitos sera reforzado. Cualquier refuerzo 
de tropas 6 municiones de guerra, exceptuandose los viveres que 
esten ahora en camino para alguno de los dos ejercitos, sera deteni- 
do a la disiancia de 28 leguas de la ciudad de Mexico. 

5°. Ninguno de los dos ejercitos 6 destacamentos de ellos, podrun 
avanzar de la linea que actualmente ocupan. 

6°. Ninguno de los dos ejercitos 6 destacamento, 6 individuo 
que tenga caracter militar, pasarar los limites neutrales establecidos 
por el articulo anterior, exceptuandose a los que lleven la corres- 
pondence entre ambos ejercitos, 6 que vaya a negocios autorizados 
por el articulo siguiente, yendo bajo una bandera de parlamento: 



353 [ 52 ] 

los individuos de ambos ejercitos, que por casualidad se extravien 
dentro de los limites neutrales, se les avisara bondadosamente por 
la parte contraria, 6 se les devolyera a" su ejercito con bandera de 
parlamento. 

7°. El ejercito Americano no impedird con violencia el paso del 
carapo a la ciudad de Mexico para los abastos ordinarios de ali- 
raeetos necesarios para el consumo de sus.habitantes 6 del ejercito 
Mexicano que se halla dentro de la ciudad, ni las autoridades Mex- 
icanas civiles 6 rnilitares haran nada que abstruya el paso de viveres 
de la ciudad 6 del campo que necesite el ejercito Americano. 

8°. Todos los prisoneros de guerra Americanos que se encuentren 
en poder del ejercito Mexicano, y que no se hayan cangeado hasta 
la fecha, se cangearan lo mas pronto posible, uno por uno, consid- 
erando las clases de los prisoneros de guerra Mexicanos hechos por 
el ejercito Americano. 

9°. A todos los ciudadanos Americanos que estaban establecidos 
en la ciudad de Mexico antes de la guerra actual, y que despues 
han sido desterrados de dicha ciudad, se les permitira" que vuelvan 
a sus respectivos negocios 6 familias en dicha ciudad, sin dilacion 
y sin causarles molestia. 

10°. Para facilitar mejor a los ejercitos beligerantes la ejecucion 
de estos articulos, y para favorecer el grande objeto de la paz, se 
conviene ademas, que cualquiera correo que alguno de los ejercitos 
quiera enviar por la linea de la ciudad de Mexico d de sus cerca- 
nias a Vera Cruz, 6 de esta a equella recibira un pasaporte firmado 
por el gefe de su ejercito y con el salvoconducto del gefe contra- 
rio, cuyo pasaperte protegera £ dicho corroe y sus pliegos, de cual- 
quiera interrupcion 6 perdida por parte de las tropas Americanas 6 
Mexicanos por dicha linea. 

11°. En los pueblos ocupados por las fuerzas Americanas, no se 
embarazara de modo alguno, respecto de las Mexicanas, el ejercicio 
de la justicia, en los terminos seilalados por las leyes, por la con- 
stitucion general 6 particular de los Estados a que pertenezcan. 

12°. En las poblaciones 6 lugares ocupados por el ejercito 6 fu 
erzas de los Estados Unidos dentro del limite senalado, serdn respe- 
tadas las propiedades, y toios los individuos Mexicanos no seran 
embargados de manera alguna en el ejercicio de su profesion, no se 
les obligara a" ejecutar servicio de ninguna clase si no lo quieren 
prestar voluntariamente, y para ello, pagandolo por su justo precio: 
el tr&fico no se alterara de ningun modo. 

13°. Los prisioneros que estuvieren heridos no se les embarazara 
de manera alguna el que cuando quieran puedan trasladarse para su 
curacion al lugar que les sea mas cdmodo, permaneciendo en su 
cualidad de prisioneros. 

14°. Los oficiales de salud pertenecientes al ejercito MexicanOj 
podran asistirlos si asi les conviniere. 

15°. Para el exacto cumplimiento de este convenio, se nombraran 
dos coraisionados, uno por cada parte, y en caso de discordia, ele- 
giran ellos mismos un tercero. 

16°. Este conrenio no tendra fuerza hasta que no sea aprobado 
lespectivamente por los Exmos. Sres. generates en gefe de cada 
23 



[52] 



354 



uno de los dos ejercitos, un el termino de 24 horas, contadas desde 
las seis de la manana, dei 23. 

IGNACIO DE MORA Y VILLAMIL. 
BENITO QUIJANO. 
J. A. QUITMAN, 
Mayor General del ejercito de los Estados Unidos. 
PERSIFOR F. SMITH, 

Brigadier General. 
FRANKLIN PIERCE, 

Brig;. Gen. de los Estados Unidos. 



Cuartel Gen. del ejercito de los 

Estados Unidos de America, 

Tacubaya, Agosto 23 de 1847. 

Tornado en consideracion, aprobado y ratificado con la epresa 
inteligencia de que la palabra "supplies" como usada la segunda 
vez y sin calificacion en el art. "7° de este convenio militar, texto 
6 c<5pia Americana, debe tomarse en el sentido, 6 que significa, 
como en ambos ejercitos, Ingles y Americano armas, municiones, 
ropa, equipos," viveres para hombres, forage, dinero y en general 
todo lo que pueda necesitar un ejercito. Esta palabra "supplies" 
en la copia Mexicana esta traducida con error " viveres" en lugar 

de recursos. 

WINFIELD SCOTT, 

General- en- gefe del ejercito de los Estados Unidos. 



Palacio Nacional de Mexico, 

Agosto 24 de 1847. 

Ratificado suprimiendose el art. 9° y con esplicacion del 4° en 
el sentido le que la paz temporal de este armisticio se observara en 
la capital y veintiocho leguas rededor: convenido en que la pala- 
bra supplies se traduzca recursos, y que en ella se comprenda lo 
que pueda haber menester el ejercito, excepto armas y municiones. 
ANTONIO LOPEZ DE SANTA ANNA. 



Cuartel General del ejercito de los Estados Unidos, 

Agosto 24 de 1847. 

Acepto y ratifico la condicion que precede aiiadida por el Gen- 
eral Presidente de la republica Mexicana. 

WINFIELD SCOTT. 
Es copia exacta del original. 

G. W. LAY, 
Del ejercito de los Estados Unidos, 
secretario militar del general -en- gefe. 



355 , [ 52 ] 

Puntos que deberdn trataxse en las cotiferencias con el comisianado 
de los Estados Unidos y que deberdn servir de bases a los de Mex- 
co, propuestas al Exmo. Sr. presidente por el ministro de rela- 
clones, y aprobadas por S. E. en junta de ministros* 

Previo. Lugar de las conferencias, que debera ser intermedio 
do los que ocupan arabos ejercitos. 

Previo igualmente: reconocimiento que debe hacer, antes de en- 
trar a tratar, el comisionado Americano del derecho de deliberacion 
por parte de Mexico, esto es: si el intento de los Estados Unidos 
ha sido agrandar su territorio, por que no se ha quedado con el que 
han ocupado de hecho 1 ? Si lo que ha venido a buscar a la capital 
es la sancion de derecho por el consentimiento, se debe desistir de 
lo que no se quiera conceder; de otra manera, que consuraen sus 
obras de hecho y la guerra continuara. 

1°. Se reconocera la independencia de Tejas, ajustada una in- 
deninizacion. 

2°. Se entiende por Tejas, el territorio conocido por este nora- 
bre despues de los tratados de 1819, y cuando forruaba parte del 
estado de Coahuila y Tejas: y de ningun modo el territoria com- 
prendido entre el rio de las Nueces y el Bravo, que el Congreso 
de pretendidos Tejanos declare" pertenecerle. 

3°. Sera una base para tratar sobre cualquiera otra parte del ter- 
ritorio, la evacuacion de todo el de la republica Mexicana que 
tienen ocupado, y levantar el bloqueo dejando libres todos nue3- 
tros puertos. 

4°. Podra tratarse sobre uno de la Alta California. 

5°. De ningun modo por limite el grado 26 de latitud, que haria 
perder a la republica todo Coahuila, todo Nuevo Mexico, casi todo 
Chihuahua, casi todo Durango, todo Sonora, parte de Sinaloa y casi 
del todo la Alta California; de manera que la concesion de un 
puerto, si este fuere. San Francisco, podra concederse en calidad 
de factoria, nunca corao limite. 

6°. Indemnizacion convenida por el puerto y camino de comuni- 
cacion al Oregon. 

7°. Idem por los danos y perjuicios y gastos estraordinarios de 
esta guerra hecha en territorio de la republica, como que este es el. 
que se viene a negociar y trahida hasta la capital. 

8°. Idem por lo que han padecido las familias y las fincas de 
Matamoros, Monterey, Vera Cruz, villas y demas ciudades, lugares 
y haciendas de la republica por consecuencia de la guerra. 

9°. Idem por las depredaciones que han hecho sus tropas. 

10°. Idem por las que han hecho sus guerrillas de foragidos, con 
cuya libertad y autorizacion han violado el derecho de gentes. 

11°. Se dara por salada, asi la cuenta por liquidar, como la por 
pagar de las reclamaciones que tenian hechas. 

12°. Los Estados Unidos reconoceran la legitimidad de los titu- 
los de los duenos de terrenos en Tejas, por concesiones hechas con 



* Este acuerdo qued6 reservado para entregarse a los comisionados de Mexico, cuar- 
estpviesen nombrados y se les diese poder para tratar. 



[ 52 ] 356 

anterioridad a su declaracion de independencia, asi por el gobierno 
general, como por el del*Estado, y se les dejara el libre uso y 
aprovechamiento de ellos. 

13°. Los Estados Unidos se comprometeran a no consentir la es- 
clavitud en la parte del territorio que adquieran por el tratado. 

14°. Este sera estendido sobre la base de reciprocidad; pero de 
lo que realmente pueda haberla, atendido el respectivo estado de 
los dos pueblos. 

15 Q . No podra convenirse menos de un ano para la celebracion 
del definitive , 

16°. La garantia de su cbservancia se buscara de comun acuerdo 
en una potencia Europea, 6 en el Congreso contineetai. 

17°. La base de 6ste sera el sistema republicano en todo el con- 
tinente, escepto la Guyana, Francesa, y el Brasil. 

18°. El tratado que se celebre no podra perjudicar en ninguna 
manera al principio de la nacion mas favorecida que la republica ha 
concededo a las denias naciones con quienes ha hecho tratados. 

19°. Como de las circunstancias, se exigira la devolucion de los 
Irlandeses prisioneros y la no entrada en la capital de ninguno del 
ejercito Americano. 

20°. Devolucion de los buques y trofeos. 

21°. Y como base general: tratar la paz como si se hubiera triun- 
fado, y como quien puede todavia llevar adelante la guerra con 
ventaja. 



Mexico, 24 do Jigosto de 1847 



LOPEZ DE SANTA ANNA. 

J. R. PACHECO. 

V. ROMERO. 

ALCORTA. 

RONDERO. 



Es copia. — O. Monasterio. 



Tacubaya, Jigosto 25 de 1847. 

El infrascrito, comisionado nombrado por los Estados Unidos de 
America, cerca de los Estados Unidos Mexicanos, investido con 
plenospoderes para tratar y conferenciar con cualquier persona 6 per- 
sonas, igualmente autorizadas por el gobierno Mexicano, y para 
negociar y concluiar con ella 6 con ellas, un tratado duradero de 
paz, amistad y limites entre las dos republicas, se toma la libertad 
de llamar la atencion de S. E. el Ministro de Relaciones de Mexico 
a la convencion militar, concluida el 23 y ratificada el 24 del actual, 
que establece un armisticio, y tiene el honor de esponer que esta 
pronto a tratar con el comisionado 6 comisionados por parte de 
Mexico, suplicando se designe proxi»amente dia para la reunion, 
en un punto que sea conveniente a ambas partes. El infrascrito 

ofrece a S. E. el Ministro de Relaciones las seguridades de su mas 

distineuida consideracion. „ 

N. P. TRIST. 



% 



357 [ 52 ] 

Palacio, &c.j Agosto 26 de 1847. 

El infrascrito, Ministro de Relaciones Interiores y Esteriores, ha 
tenido el honor de recibir y poner en conocimiento deS. E. el pre- 
sidente interino de la repiiblica la nota en que a consecuencia del 
armisticio celebrado con el general-en-gefe de las tropas de los 
Estados Unidos, el Sr. D. Nicolos Trist, comisionado del gobierno 
de aquella nacien, con fecha de ayer, manifiesta que esta pronto a 
tratar con el comisionado 6 comisionados de esta republica, acerca 
de las proposiciones de paz que esta autorizado a hacer, pidiendo se 
sefiale prdximamente dia para la reunion en el punto que se estime 
conveniente para ambas partes. 

El infrascrito ha recibido 6rden de S. E. el presidente para mani- 
festar al Sr. Trist, en contestacion que ya se ocupa de nombrar a. 
la mayor brevedad, los comisionados para oir las proposiciones que 
tenga a bien hacer el.mismo Sr. Trist, los cuales concurriran a las 
cuatro de la tarde del dia de manana, en el pueblo de Atzcapuzalco, 
como punto intermedio entre los que ocupan las fuerzas de ambas 
nacion«es, siempre que en esta designacion no encuentre inconve- 
niente el Sr. Trist, a quien el infrascrito ofrece las seguridades de 
su distinguida consideracion. 

J. R. PACHECO. 

Al S. D. Nicholas Tjlist, fyc; fyc, Sfc. 



Tacubaya, Agosto 26 de 1847. 

El infrascrito, comisionado de los Estados Unidos de America, 
tiene la honra de acusar recibo de la nota del Exmo. Sr. Pacheco, 
Ministro de Relaciones de Mexico, fecha hoy, en que le manifiesta 
que los comisionados por parte de Mexico, pasaran manana a las 
cuatro de la tarde a tratar con 61 en el pueblo de Atzcapuzalco, si 
el que suscribe no tuviere inconveniente en que alii se verifique la 
reunion, por ser punto intermedio entre los que ocupan las fuerzas 
respectivas de las dos naciones. 

El infrascrito tiene en respuesta el honor de esponer, que acepta 
con placer esta invitacion, en la confiada esperanza de que esta 
primera entrevista sera prontamente seguida por el satisfactorio 
arreglo de todas las diferencias entre as republicas hermanas. 

Reproduce al Sr. Pecheco las securidades de su distinguida con- 
sideracion. „ 

N. P. TRIST. 

A. S. E. D. J. R. Pacheco. 

Ministro de Relaciones de la Repiiblica Mexicans,. 



Acuerdo del Exmo. Sr. Presidente en junta de ministros, Agosto 25 

de 1847. 

Celebrado el armisticio que provoco" el general enemigo, y debi- 
endose nombrar por parte del gobierno Mexieano comisionados que 



[52] 



358 



oigan nada mas, las proposiciones de paz que quiere hacer el de los 
Estados Unidos a nombre de su gobierno, n6mbrese a los Sres. Di- 
putado General de Jos6 Joaquin de Herrera, Magistrado de la Su- 
prema Corte De Antonio Monjardin,y D. Antonio Garay ; pasandol 
es las comunicaciones respectivas de su nombramiento, en que se 
les advertiia que reunidos mafiana a las once en el ministerio de re- 
laciones, p<saran con el ministro del ramo a la habitacion del Pres- 
idente para que reciban sus instrucciones, acordadas en junta de 
ministros. 

El ministio de relaciones formara un memorandum que llvaran 
los comisionados y pondra en sus manos el Presidente. Este debe 
reducirse a prescribirles su verdadera mision, que no es otra por 
ahora, que la de oir las proposiciones de paz que a nombre del go- 
bierno de los Estados Unidos, se pretenden hacer al gobierno Mex- 
icano, transmitiendo a este inmediatamente el contenido de equel- 
las, para que examinadas debidamente, pueda el Presidente con sus 
ministros resolver lo conveniente, y para entonces se reserva el go- 
tierno dar a los dichos comisionados las instrucciones suficientes 
para entrar en los preliminares de la negociacion; consultando du- 
rante ella por conducto del ministro de relaciones, cuanto creyeren 
3iecesario para el mejor desempeno de su comision, y por supuesto 
sin acordar nada definitivamente, sin la previa aprobacion del 
gobierno. 

Esta rubricado por S. E. el Presidente y los cuatro S.es. min- 
istros. 



Exmo. Sr: Celebrado el armisticio que provocd el generai-en- 
gefe de las tropas de los Estados Unidos se esta ya en el caso de 
nombrar los comisionados que oigan las proposiciones de paz q e 
quiere hacer aquella nacion por medio del suyo; y teniendo pleno 
conocimiejito y confianza el Exmo. Sr. Presidente interino del pat- 
xiotismo, ilustracion, y demas recomendables cualidades que ador- 
jian a V. E. ha tenido a bien nombrarlo al efecto en union del Sr. 
magistrado de la suprema corte de justicia D. Antonio Fernandez 
Monjardin y del Sr. D. Antonio Garay, en cuyos individuos recb- 
noce las mismas estimables circunstancias. 

Como en los momentos criticos en que la patria se encuentra, 
ninguno de sus hijos puede ni debe cerrar los oidos a su llmado, S. 
E. el Presidente no duda de que V. E. y los sefiores fspresados se 
prestaran gustosos a desempeiiar este interesante servicio,y en con- 
secuencia espera que a las once del dia de manana se serviran con- 
currir a este ministerio del cual pasaremos & la habitacion del pri- 
mer magistrado de la republica que les comunicara las instrucci- 
ones que ya tiene accordadas en junta de ministros. 

Con este motivo reitero a V. E. las seguridades de mi conside- 
jacion. 

Dios y libertad! Agosta 25 de 1847. 

PACHECO. 

Exmo. Sr. General D. Jose Joaquin de Herrera. 



t 359 [ 52 ] 

Hoy digo el Exmo. Sr. General de Jose Joaquin de Herrera lo 
que signe, {se inserto la comunicacion que precede,) y tengo el 
honor de trasladarlo a V. S. por los efectos correspondientes en la 
parte que le toca asi como el de reproducirle los testimonios de mi 
aprecio particular. 

Dios y libertad! Agosto 25 de 1847. 

Senor Magistrado D. Antonio Fernandez Monjardin, . 

Sr. D. Antonio Garay. 



Exmo Sr: Por el oficio de V. E. del dia de hoy, me he impuesto 
de que el Exmo. Sr. Presidente se ha servido nombrarme para que 
en union del senor magistrado de la suprema corte D. Aatonio Mon- 
jardin y del Sr. D.Antonio Garay oigamos las proposiciones de paz 
que quiera hacer el comisionado por el gobierno de los Estados 
Unidos de America: como Mexicano que deseo el bien de mi patria, 
debo hacer presente a V. E , que hallandome a la cebaza del gobi- 
erno en el aiio prdximo pasado de 45, cuando inicio el gobierno de 
los Estados Unidos el envio de un comisionado que arreglase las 
diferencias que por la cuestion de Tejas turbaron la armonia que 
habria debido existir entre dos republicas colindantes, por solo el 
hecho de haber manifestado no tener en jarazo en que se presentase 
y oir sus proposiciones, fue ealumnia^a del modo mas atroz mi ad- 
ministration, fomentandose por solo este hecho la revolucion que 
me separo* del mando, y el tomar parte en la misma cuestion en el 
dia, daria lugar a renovar las especies que entonces se virtieron; y 
el mejor partido que pudiera sacarse de las circunstancias en que 
iios hallamos por mas honrosas que fueran las transacciones, serian 
mas mal recibidas que lo que pudieran ser interviniendo personas 
que no hayan tenido parte en este asunto. 

Otras razones podria alegar para escusarme, pero me parece que 
lo espuesto es suficiente para que tomandolo en consideracion el 
Exmo. Sr. Presidente, se sirva admitirme la renuncia que hago de 
la honrosa comision de que se ha servido encargarme. 

Tengo el honor de hacerlo presente a V. E. en contestacion a su 
citado oficio, ofreciendole mi consideracion y debido aprecio. 

Dios y libertad! Mexico, Agosto 25 de 1847. 

JOSE J. DE HERRERA. 

Exmo. Sr. Ministro da Relaciones D. Jose Ramon Pacheco. 



Exmo. Sr: Amante de mi desgraciada patria, como el que lo 
fuere mas, no hay genero de sacrificio, que no este decidido a hacer 
en su obsequio, si de 61 le ha de resultar alguna utilidad por pe- 
quena que sea; mas por desgracia estoy intimamente convencido de 
que ninguna puede sobrevenirle de el de mis sentimientos y repu- 
tacion, que me seria necesario hacer, aceptando el encargo de co- 
misionado para oir las proposiciones del de el gobierno de los' 
Estados Unidos, para el que V. E. se sirve participarme en su carta 



[52] 



360 



de esta fecha haber sido nombrado por el Exmo. Sr. Presidente 
interino. 

Esta consideracion, y la de que conozco sin la mas leve afectacion 
de modestia, que carezco de todas las dotes que deben adornar a 
un agente diplomatico, comenzando por ignorar el idioma de las 
personas con quienes debe tratarse, me ponen en la necesidad de 
reusarme a aceptar el espresado encargo, que no debo admitir, es- 
tando convencido de que no soy capaz de desempeiiarlo. 

Reconocido intimamente al honor que con este nombramiento me 
hace el Exmo. Sr. Presidente interino, tengo el de renovar a V. E. 
las seguridades de mi distinguida consideracion y particular aprecio. 

Dios y libertad! Mexico, 25 de Agosto de 1847. 

ANTONIO FERNANDEZ MONJARDIN. 

Exmo. Sr. Secretario de Estado y del Despacho de Relaciones 
Interiores y Esteriores. 



Exmo. Sr: Anoche a las ocho recibi la nota de V. E. de ayer, 
en que se sirve comunicarme que el Exmo. Sr. Presidente hatenido 
a bien nombrarme, en union de los senores general D. Jos6 Joaquin 
de Herrera y magistrado de la suprema corte de justicia D. Antonio 
Fernandez Monjardin, comisionado para oir las proposiciones de 
paz que quieren hacer los Estados Unidos de Am6rique por medio 
del suyo. 

Este encargo, Exmo. Sr., que entiendo debera estenderse 3, con- 
ferenciar sobre los preliminares de la paz, lo estimo de la mayor 
gravedad, porque es delicado y dificil el negocio sobre que se 
versa; y si pudo en tiempo anterior ser solamente una discusion, es 
en este momento un conflicto para la nacion, y mas todavia para la 
capital de la republica. 

Del partido que se tome va a depender el honor nacional, bastante 
lastiraado ya por los antecedentes de la guerra, y pudiera tambien, 
segun los eventos inciertos de ella, siguirse males que tal vez seran 
mayores que lo que ahora se teme; y aunque comprendo que la 
mision de los cornisionados no sera la de concluir un tratado de 
paz, sino preparar todos los preliminares de el, el cargo siempre es 
dificil, porque la situacion actual en todos los aspectos lo cocaplica, 
y se necesita para desemperlarlo la mas privilegiada inteligencia. 

No pudiendo yo lisongearme por Ja escasez de mis luces de llenar 
la espectacion nacional pendiente de lo que se inicie, ajuste y con- 
cluya, y existiendo infinidad de Mexicanos, que con mueho maS 
talento y mas representacion y prestigio que yo, supliran con estas 
cualidadas indispensables lo que debe faltar a lo que yo pudiese 
obrar para el buen 6xito, que es lo mas, aun en la iniciativa de los 
arreglos de que se trata, me veo en la precisa necesidad, porque 
asi lo exige el interes de este grave negociado, de no admitir la. 
comision que el Exmo. Sr. Presidente se ha servido darme, y que a 
la vez que me honra mas de lo que yo merezco, es iniinitamente 
superior a mis fuerzas. 

Suplico a V. E. se sirva hacerlo presente a dicho Exmo. Sr >Jt 



361 [ 52 ] 

dandole las debidas gracias por la distincion que ha hecho de mi 
persona, y manifestandole al propio tiempo, que la firrae conviccion 
en que estoy de cuanto lleevo espuesto, asi respecto de la dificultad. 
del asunto de que se trata, como de mi in suficiencia para desem- 
penarlo, hara.que me resists siempre a aceptar el encargo con que 
S. E. me ha querido honrar. * 

Protesto a V. E. las consideraciones de mi respeto y particular 
aprecio. 

Dios y libertad! Tacubaya, 26 de Agosto de 1847. 

ANTONIO GARAY. 

Exmo. Sr. Ministro de Relaciones Interiores y Esteriores. 



Exmo. Sr: He dado cuenta al Exmo. Sr. Presidente interino con 
el oficio de V. E. fecha de ayer, en que se escusa a. aceptar el 
cargo de comisionado para oir las proposiciones de paz que por 
medio del suyo quiere hacer el gobierno de los Estados Unidos, J 
en contestacion me raanda decirle come tengo el honor de hacerlo, 
que las mismas razones en que V. E. se apoya, son las que se tu- 
vieron presentes para nombrarlo; pues ellas acreditan que dos ad- 
ministraciones distintas, segun sus diversas circunstancias, haa 
venido a concurrir en un punto esencial, cual es, la conveniencia 
de oir las proposiciones que se anuncian para llegar al te>mino de 
los males de la guerra. Asi es que S. E. insiste en el deseo de que 
V. E. se encargue de este grave y delicado negocio, a cuyo efecto 
invoca.su acreditado patriotismo, y la buena disposicion que tiene 
comprobada para servir a la republics. 

Segun vera V. E. por la copia adjunta de comunicacion que hoy 
dirijo al Sr. D. Nicolas Trist, la reunion debe verificarse a las 4 de 
la tarde del dia de manana en el pueblo de Atzcapuzalco, y al 
efecto S. E. el Presidente entregara a V. E. las instrucciones a que 
debe arreglarse. 

Reitero a V. E. las seguridades de mi especial consideracion. 

Dios y libertad! Mexico, Agosto 26 de 1847. 

PACHECO. 

Exmo. Sr. General de Division D. Jose Joaquin de Herrera. 



Exmo. Sr: Por la nota de V. E. del dia de hoy, veo con senti- 
miento que el Exmo. Sr. Presidente no ha estimado por justa la 
razon principal que espuse en mi comunicacion anterior, escusan- 
•dome de la honorifica comision que se me encargaba, de ser uno de 
los comisionados para oir las proposiciones de paz que quiera hacer 
el del gobierno de los Estados Unidos de America, y supuesto que 
el Exmo. Sr. Presidente estima necesario que haga este servicio, 
estoy pronto a el, lo mismo que a cualquiera otro sacrificio del que 
pueda resultar algun bien a la patria. 



[52] 



362 



Lo que tengo el honor de manifestar a V. E. en contestacion. 
ofreciendo mi debida consideracion y aprecio. 
Dios y libertad! Mexico, Agosto 26 de 1847. 

JOSE J. DE HERRERA.* 

Exrao. Sr. Ministro de Relaciones D. Jose Ramon Pacheco. 



Celebrado el armisticio que provoco el general-en-gefe de los Es- 
tados Unidos, se esta ya en el caso de nombrar los comisionados 
que oigan las proposiciones de paz que quiere hacer aquella nacion 
por medio del suyo; y teniendo pleno conocimiento y confianza el 
Exmo. Sr. Presidente interino del patriotismo, illustracion,y demas 
recomendables circunstancias que adornan a V. S.,ha tenido 4 bien 
nombrarlo al efecto en union del Exmo. Sr. D. Jose Joaquin de 
Herrera y otro individuo en los cuales reconoce las mismas estima- 
tes circunstancias. 

Como en los momentos criticos en que la patria se encuentra, 
ninguno de sus hijos puede ni debe cerrar los oidos a su llamado, 
S. E. el Presidente no duda que V. S. y los senores espresados, se 
prestaran gustosos a desempeiiar este intersante servicio; y en con- 
secuencia espera que a las once del dia de manana se serviran con- 
currir u este ministerio del cual pasaremos a la habitacion del 
primei magistrado de la republica que les comunicara las instruc- 
ciones que ya tiene acordadas .en junta de ministros. 

Con este motivo reitero a V. S. las seguridades de mi distinguida 
consideracion. 

Dios y libertad! Mexico, Agosto 26 de 1847. 

PACHECO. 

Sr. General D. Ignacio Mora y Villamil. 



Exmo. Sr: He recibido la comunicacion de V. E. de fecha de 
hoy, en que se sirve participarme que llegado el momento de oir 
las proposiciones de paz que de parte de los Estados Unidos de 
America, quiere hacer el comisionado nombrado al efecto, el Exmo. 
Sr. Presidente ha tenido a bien nombrarme uno de los individuos 
que deben formar la comision que se ha de entender con dicho 
comisionado; a cuyo efecto deben concurrir manana a los once a 
cse ministerio para recibir las drdenes conducentes. 

Sensible a la confianzA con que se me distigue en tan delicada 
mision, no me deja la libertad de escusarme. En tal concepto, 
estare manana en ese ministerio como V. E. me indica, y procurare 
hacer cuanto de mi dependa para el mejor exito de mi comision. 

Con este motivo reitero a V. E. las segurid.ides de mi distinguida 
consideracion. 

Dios y libertad! Mexico, Agosto 26 de 1847. 

IGNACIO DE MORA Y VILLAMIL. 

Exmo. Sr. Ministro de Relaciones. 



363 [ 52 ] 

Agosto 27 de 1847. 

Con esta fecha se puso nombraraiento para comisionados a los 
senores licenciados D. Jos6 Bernardo Couto y D. Miguel Atristain, 
de manera que la coinision queda compuesta de los senores *sigui- 
entes: 

Extno. Sr. general de division, diputado D. Jose Joaquin de Her- 
rera. 

Sr. diputado lie. D. Jos6 Bernardo Couto. # 

Sr. general de brigada D. Ignacio Mora y Villamil. 

Sr. lie. D. Miguel Atristain. 

Secretario 6 interprete, Sr. D. Jose" Miguel Arroyo. 



Exmo. Sr: Aunque carezco de la aptitud necesaria para desem- 
penar dignamente ia coinision que se sirve conferirme el supremo 
gobierno, segun me participa V. E. en su nota de esta fecha; y 
aunque el mal estado de mi salud me ha obligado, hace tiempo, a 
apartarme de todo genero de negocios; sin embargo, persuadido de 
que en el desgraciada situacion en que se halla la republica, ningun 
Mexicano puede negarse a prestar los servicios que por la autoridad 
piiblica se le exijan; acepto la indicada comision, y me presentar£ 
ahora mismo a recibir las instrucciones que tenga a bien darme el 
supreme gobierno. En la sufi;iencia de las dignas personas con 
quienes el Exmo. Sr. Presidente se ha servido asociarme, libro toda 
la esperanza de un feliz resultado. 

Dios y libertad! Mexico, Agosto 27 de 1817. 

BERNARDO COUTO. 

Exmo. Sr. Ministro de Relaciones Interiores y Esteriores. 



Exmo. Sr: He recibido el oficio de V. E. fecha de ayer, en que 
se sirve comunicarme' que el Exmo. Sr. Presidente de la republica, 
ha tenido a bien nombrarme, en union de otros senores, comisionado 
para que oiga las proposiciones que el representante de los Estados 
Unidos de America pretende hacerle a M6xico para el restableci- 
miento de la paz; y aunque estoy persuadido que no tengo los cono- 
simientos necesarios para desempenar tan delicado encargo, sin em- 
bargo lo acepto, porque entiendp que en estas circun.tancias todos 
los Mexicanos deben prestar sus servicios cuando lo demanda el 
gobierno. Protesto a V. E. con tal motivo todas mis considera- 
ciones y respetos. 

Dios y libertad! Mexico, 28 de Agosto de 1847. 

MIGUEL ATRISTAIN. 

Exmo. Sr. D. Jose Ramon Pacheco, 

Ministro de Relaciones Interiores y Esteriores. 



[52] 



364 



Satisfecho el Exmo. Sr. Presidente interino del patriotismo e in- 
struction de V. S. ha tenido a bien nombrarlo secretario e inter- 
prete de la comision que marcha hoy a Atzcapuzalco a oir las propo- 
siciones que ha de hacer el comisionado del gobierno del los Es- 
tados Unidos. Lo digo & V. S. para su satisfaccion protestandole 
mi aprecio. 

Dios y libertad! Agosto 27 de 1847. 

PACHECO. 

•Sr. D. Jose Miguel Arroyo. 



Exmo. Sr: Impuesto por la comunicacion de V. E. del dia de 
hoy, que el Exmo. Sr. Presidente ha tenido a bien nombrarme sec- 
retario e int6rprete de la comision que debe oir las proposiciones 
de paz que tiene que hacer el comisionado del gobierno de los Es- 
tados Unidos de America; y dispuesto a servir a mi pais en cuanto 
ma sea posible, y muy particularmente en las presentes circunstan- 
cias, puede V. E. asegurar al Exmo. Sr. Presidente que me esfor- 
zare a corresponder dignamente a la confianza con que se me ha 
distinguido. 

Con tal motivo reitero a V. E. las seguridades de mi considera- 
cion y respeto. 

Dios y libertad! Mexico, Agosto 27 de 1847. 

J. MIGUEL ARROYO. 

Exmo. Sr. Ministro de Relaciones. 



Instruccionnes & los comisionades nombrados por el gobierno Mexi- 
cano para oir las proposiciones que el del gobierno de los Estados 
Unidos pretende hacer. 

Con arreglo al acuerdo en junta de ministros de esta fecha, los 
comisionados del gobierno Mexicano, al presentarse en el tiempo y 
lugar convenidos, y cangeadas sus respectivas, credenciales, se x 
ceniran a recibir del comisionado Americano el memorandum que 
contenga las proposiciones de los Estados Unidos: si no lo pre- 
sentare por escrito, se limitaran precisamente y nada mas a oir las 
que hagan, y sean muchas 6 pocas, estendteran un memorandum que 
las contenga por articulos, claras, precisadas y categdricas, el cual 
sera firmado por el comisionado Americano. Sea este, estendido 
en la primera entrevista, sea el que ya traiga formulado el com- 
isionado Americano, sera trasmitido al gobierno Mexicano por los 
suyos, sin que estos por entonces pretendan ninguna modificacion, 
ni hagan, ni anuncien el deseo de que se haga la mas leve altera- 
cion sobre tal documento. 

PACHECO. 

Mexico, 25 de Agosto de 1847. 



365 [ 52 ] 

Antonio Lopez de Santa Anna, general de division, benemerito de 
la patria y Presidente interino de los Estados Unidos Mexicanos, 
dtodos las que el presente viere?i, sabed: 

Que habiendo resuelto en uso de las facultades que me concede 
la constitucion federal, oir las proposiciones de paz que quiere 
hacer el gobierno de los Estados Unidos de America, por medio de 
su comisionado el Sr. D. Nicolas Trist, y teniendo entera confianza 
en el patriotismo, ilustracion y demas recomendables circunstancias 
que adornan al Exmo. Sr. de general de division D. Jose Joaquin 
de Herrera, al Sr. Lie. D. Jose Bernardo Couto, al Sr. general de 
brigada D. Ignacio Mora y Villamil, y al Sr. Lie. D. Miguel 
Atiistain, he venido en comisionarlos para que pasen al pueblo de 
Atzcapuzalco a recibir y trasmitirme las citadas proposiciones que 
yiene a hacer el mencionado Sr. D. Nicolas Trist, para cuyo efecto 
les concedo a los tres el pleno poder necesario autorizando al Sr. 
D. Jose Miguel Arroyo, para que les asista y acompaiie en clase de 
secretario e enterprete por la confianza que igualmente me merece. 

En fe de lo cual he hecho espedir el presente firmado de mi mano, 
autorizado con el sello nacional y refrendado por el Secretario de 
estado y del despacho de Relaciones Interiores y Esteriores, en el 
palacio federal de Mexico a los viente y siete dias del mes de 
Agosto del ailo de mil ochocientos cuarenta y siete, y vigesimo 
septimo de la independencia. 

[l. s.] ANTONIO LOPEZ DE SANTA ANNA. 

J. R. Pacheco. 



Santiago K. Polk, presidente delos Estados Unidos de America, 
dtodos los que las presentes conciernan, salud. 

Sabed que, deseoso de restablecer la paz, armonia y buenas re- 
laciones entre los Estados Unidos de America y los Estados Unidos 
Mexicanos, y remover todos los motivos de disgusto, y teniendo 
especial confianza y satisfacion en la entegridad, prudencia y tal- 
entos del Sr. Nicolas P. Trist, lo he nombrado comisionado de los 
Estados Unidos en la republica Mexicano, y lo he investido con 
pleno y en todas maneras, amplio poder y autoridad, en el nombre 
de los Estados Unidos, para reunirse y conferenciar con cualquiera 
persona 6 personas que tengan igual autoridad del gobierno Mexi- 
cano, y para que con ella 6 ellas pueda negociar y concluir un ar- 
reglo de las diferencias que existen, y un tratado de paz, amistad 
y limites duradero entredos Estados Unidos de America, y la na- 
cion Mexicana, por el cual sean definitivamente arregladas todas 
las reclamaciones de los ciudadanos y gobierno de los Estados 
Unidos contra el gobierno de esta nacion; y todas las reclama- 
ciones de ella 6 de sus ciudadanos contra el gobierno de los Estados 
Unidos: y del mismo modo los limites y linderos entre los Estados 
Unidos de America y los Estados Unidos Mexicanos, y todos los 
tasunos y negocios que puedan tener conexion 6 ser interesantes 



[52] 



366 



para ambas naciones; trasmitiendo el tratado 6 convencion para 
que sea concluido por la ratification del presidente de los Estados 
Unidos con el consentiraiento y aprobacion del senado. 

El testimonio de lo cual sera este documento sellado con e-1 sello 
de los Estados Unidos. Dado y firmado por mi mano en la ciudad 
de Washington a los 15 dias de Abril, ano del Senor, de 1847, y 71 
de la independencia de los Estados Unidos. 

SANTIAGO K. POLK, 

Por el Presidente. 
Santiago Buchanan, [j 

Secretario de Estado. 



Proye"cto de tratado presentado por el comisionado Americano el dia 

27 en Aizcapuzalco. 

Art. 1°. Habra paz firme y universal entre los Estados Unidos 
de America, y los Estados Unidos Mexicanos, y entre sus respec- 
tivos paises, territorios, ciudades, villas y pueblo, sin escepcion. 
de lugares 6 personam. Todas las hostilidades de mar y tierra, 
cesaran definitivamente tan pronto como las ratificaciones de este 
tradado sean congeadas por ambas partes. 

Art. 2°. Todos los prisoneros de guerra hechos por ambas partes, 
tanto por mar como por tierra, seran devueltos tan pronto como sea 
practicable despues del cange de las ratificaciones de este tratado. 
Ademas se conviene que si algunos ciudadanos Mexicanos existen 
ahoru cautivos por los Comanches 6 cualquiera otra tribu salvage 
de Indios dentro de los limites de los Estados Unidos, como estan 
fijados por este tratado, el r-zbierno de los Estados Unidos, exigira 
la entrega de dichos <•. auvos y que vuelvan a su libertad y a 
sus casaj- en Mexico. 

Art. 3°. Tan pronto como el presente tratado haya sido debida- 
mente ratificado por los Estados Unidos Mexicanos, se haia saber, 
^sto sin la menor dilacion a los comandantes de las fuerzas de mar 
y tierra de ambas partes y en consecuencia habra una suspension 
de hostilidades tanto por mar como lierra, ya por las fuerzas mili- 
tares y navales de los Estados Unidos, «omo por parte de las de los 
Estados Unidos Mexicanos; y dicha suspension de hostilidades se 
observara por ambas partes inviolablemente. Inmediatamente des- 
pues del cange de sas ratificaciones del prese*nte tratado, todos los 
fuertes, territorios, lugares, y posesiones cualesquiera que sean, y 
se hayan tornado por los Estados Unidos, de los Estados Unidos 
Mexicanos, durante la guerra, escepto aquellas comprendidas dentro 
de los limites de los Estados Unidos segun quedan definidos por el 
articulo euarto de este tratado, seran devueltas sin demora y sin 
ocasionar ninguna destruccion, ni estraccion de la artilleria 6 cual- 
esquiera otra propriedad piiblica capturada originalmente en dichos 
fuertes, 6 lugares, y que existan en ellos, cuando se cangee la rati- 
ficacion de este tratado: y de la misma manera, todos los fuertes, 
territories, kc. 



367 [ 25 ] 

Art. 4°. La linea divisoria entre las dos republicas, comenzara 
enel golfo de Mexico tres leguas de la tierra, frente de la boca del 
Rio Grande, de alii para arriba por medio de dicho rio hasta el 
punto donde toca la linea meridional de Nuevo Mexico, de alii ha- 
eia el poniente, a lo largo dei limite meridional de Nuevo Mexico 
al angulo del sudoeste del mismo desde alii hacia el norte a lo largo 
de la linea occidental de Nuevo Mexico hasta donde esta cortada 
por el primer brazo del rio Gila; 6 si no esta cortada por ningun 
brazo de este rio, entonces hasta el punto de la dicha linea mas 
cercano al tal brazo y de alii en una linea recta al mismo, y para 
abajo por medio de dicho brazo y del dicho rio Gila hasta su desa- 
gue en el rio Colorado; de alii para abajo, por el medio del Colo- 
rado, y el medio del golfo de Californias al oceano Paciaco. 

Art. 5°. En consideracion a la estension de los limites de los 
Estados Unidos, como estan definidos por el precedente articulo, y 
por las estipulaciones que mas adelante contiene el articulo 8 Q , los 
Estados Unidos por este abandonan para siempre todo reclamo con- 
tra los Estados Unidos Mexicanos, a causa de los gastos de la gu- 
erra; y hacen mas, convienen pagar a los Estados Unidos Mexi- 
canos, en la ciudad de Mexico la suma de. . . . 

Art. 6°. En amplia consideracion de las estipulaciones conteni- 
das en los articulos 4° y 8° de este tratado, los Estados Unidos con- 
vienen entre asegurar y pagar a los reclamantes todoslos aboncs 
que ahora se deben, 6 mas adelante se venzan segun la convencion 
concluida entre las dos republicas, en la ciudad de Mexico el dia 
30 de Enero de 1843, proveer al pago de lodecididoen favor de los 
reclamantes segun la convencion entre los Estados Unidos y la re- 
piiblica Mexicana del 11 de Abril de 1839. Y los Estados Unidos 
igualmente convienen en asumir y pagar todos los reclamos de los 
ciudadanos de los Estados Unidos, no decididos anteriormente, con- 
tra el gobierno de los Estados Unidos Mexicanos hasta la suraa que 
no esceda de tres millones de pesos, y que se haya suscitado con 
anterioridad al dia trece de Mayo de 1846; y que se encuentren 
adcudados justamente por un tribunal de comisionados que se esta- 
blezca por el gobierno de los Estados Unidos, cuyas decisiones se- 
ran definitivas y concluyentes, siempre que al decidir sobre la vali- 
dez de dichas demandas, el tribunal se haya guiado y gobernado 
por los principios y reglas para la decision prescritas por los arti- 
culos 1° y5° de la convencion no ratificada, concluida en la cuidad 
de Mexico el dia 20 de Noviembre de 1843, y en ningun caso se 
dara sentencia en favor de reclamo alguno que no este comprendido 
por estos principios y reglas: y los Estados Unidos por este y para 
siempre eximen a los Estados Unidos Mexicanos de toda 
por cualesquiera de las dichas demandas, ya que hayan sido dese- 
chadas, 6 admitidas por el citado tribunal de comisionados. 

Art. 7°. Si en la opinion de dicho tribunal de comisionados, 6 
de lis demandantes, se considerare necesario para la primera deci- 
sion de alguna de las dichas reclamaciones que algunos libros, re- 
gistros 6 documentos que se encuentren en la posesion 6 poder de 
los Estados Unidos Mexicanos los comisionados d reclamantes ha- 
ran {>or si, dentro del periodo que el Congreso pueda designar, 



[52] 



368 



peticion por escrito con tal objeto, dirigida al ministro de relaci- 
ones Mexicano, la que le sera transmiLda por el secretario de estado 
de los Estados Unidos: y el gobierno Mexicano se compromete a 
hacer remitir, en el primer momento posible despues del recibo de 
tal demanda, cualquiera de los dichos libros, registros 6 documen- 
tps en su posesion d poder, quese hayan pedido al dicho Secretario 
de Estado, quien inmediatamente los entregara al citado tribunal de 
comisionados, siempre que los tales pedidos se hagan a peticion de 
alguno de los reclamantes, y hasta que los hechos, que se espera 
probar con tales libros, registros d documentos, hayan sido priraero 
hechos bajo juramento d afirmacion. 

Art. 8°. E! gobierno de los Estados Unidos Mexicanos por este 
concede y garantiza para siempre al gobierno y ciudadanos de los 
Estados Unidos, el derecho de transportar al traves del istmo de 
Tehuantepec, de mar a mar, por cualesquiera de los medios de 
comunicacion que existan actualmente,ya sea por tierra 6 por acnia, 
libre de todo peage d gravamen, todos 6 cualquier articulo, ya sea 
de producto natural, d productos d manufacturas de los Estados 
Unidos. 6 de cualesquiera otro pais estrangero, pertenecientes al 
dicho gobierno 6 ciudadanos; y tambien el derecho del libre paso 
por el mismo, a todos los ciudadanos de los Estados Unidos. El 
gobierno de los Estados Unidos Mexicanos concede y garantiza ig- 
ualmente al gobierno y ciudadanos de los Estados Unidos, el mismo 
derecho de paso para sus mercancias y articulos ya dichos, como a 
sus ciudadanos, por cualquiera ferro carril 6 canal que de aqui en 
adelante pueda concluirse para atravesar el dicho istmo, ya sea por 
el gobierno de los Estados Unidos Mexicanos, d por su autorizacion, 
pagando unicamente aquellos peages que equitativa y justamente 
csten seiialados, y no otros mas subidos, ni se recogeran ni colecta- 
jan otros por los articulos y mercancias arriba mencionadas pertene- 
cientes al gobierno d ciudadanos de los Estados Unidos, 6 a. las 
personas de aquellos ciudadanos por el paso sobre dicho ferro-carril, 
6 canal, que las que se cobren 6 colecten por los mismos articulos 
y mercancias portenecientes al gobierno 6 ciudadanos de Mexico 
siendo xlel producto natural, 6 productosy manufacturas de Mexico, 
6 de cualquiera pais estrangero, y a las personas de sus ciudadanos. 
!Ninguno de los dichos articulos, sea el que f'uere, pertenecientes al 
gobierno d ciudadanos de los Estados Unidos, que pasen d traniiten 
por el dicho istmo, de mar a mar, en una li otra direccion, ya sea 
por los medios que existen hoy de comunicacion, ya por algun 
ferro-carril 6 canal, que mas adelante pueda construirse, con el ob- 
jeto de trasportarse a cualesquiera puerto de los Estados Unidos 6 
de algun pais estrangero, quedaia sujeto apagar derecho alguno sea 
cual i'uere, de importacion 6 esportacion. Los dos gobiernos por 
este articulo se comprometen, que con la menor demora posible 
convendran y dictaran mutuamente aquellos reglamentos que pue- 
dan considerarse necesarios para evitar el fraude, 6 contrabando, a 
consecuencia del derecho de paso asi concedido, y perpetuamente 
garantizado al gobierno y ciudadanos de los Estados Unidos. 

Art. 9°. Todos los efectos, mercaderias, d mercancias, que hayan 
sido introducidas durante la guerra, por cualquier puerto d lugar 



36£ [ 52 ] 

de una y otra parte, por los ciudadanos de una u otra parte, 6 por 
los ciudadanos d siibditos de algun poder neutral, mientras han es- 
tado oeupados railitarmente por la otra, se les permitira permane- 
cer libres de confiscacion, 6 de cualquiera rnulta 6 derecho que 
haya sobre la venta 6 cambio de ellos, 6 sobre la salida de dicha 
propiedad del pais: y a los propietarios per este se les permite 
vender 6 disponer de dicha propiedad, de la misma manera y en 
todos aspectos corao si las importaciones en el pais hubieran sido 
hecbas en tiempo de paz, y hubieran pagado sus derechos segun 
las leyes de cada pais respectivamente. 

Art. 10. Eltratado de amistad, comercio y navegacion, conclui- 
do en la ciudad de Mexico el dia5.de Abril, ano del Seiior de 1831 
entre los Estados Unidos de America y los Estados Unidos Mexica- 
nos, y cada uno de sus articulos, con escepcion del articulo adi- 
cional, queda por este renovado per el termino de ocho aiios desde 
el dia del cange de la ratificacion de este tratado, con la misma 
fuerza y virtud como si formaran parte del contenido de este; de- 
biendo entenderse que cada una de las partes contratantes se re- 
serva para si el derecho, en cualquier tiempo despues de pasado el 
dicho periodo de echo afios; de terminarlo, dando aviso con un aiio 
de anticipacion de su resolucion a la otra parte. 

Art. 11. Este tratado sera aprobado y ratificado por el presi- 
dente de los Estados Unidos de America con la aprobacion y con- 
sentimiento del seando, y por el presidente de los Estados Unidos 
Mexicanos, con la previa aprobacion de su congreso general; y las 
ratificaciones seran congeadas en la ciudad de Washington en el 
termino de meses, desde la fecha en que sea firmado, 6* 

mas pronto si es practicable. 



Instrucciones para los comisionados del gobierno Mexicano acorda- 
das junta de ministros de 29 de Agosto de 1847, en vista -de las 
proposiciones hechas por el comisionado de los Estados Unidos. 

I 0, Es de toda necesidad ant'es de abrirse las negociaciones, que 
los comisionados Mexicanos fijen por base las causales de la guerra 
provocada por los Estados Unidos contra la republfca Mexicana; 
mas claro, que el comisionado de los Estados Unidos declare fran- 
camente los motivos de la guerra y fines de ella, sin que se pueda 
escusar de hacer esta maniiestacion que desde luego le exige §1 
gobierno Mexicano. Si se negase, que conste. 

2°. Si las pretensiones de los Estados Unidos se fundan en el de- 
recho de la fuerza, 6 puramente en negociaciones amistosas. Igu- 
almente. 

3°. La primera cuestion de que debe tratarse despues de los dos 
puntos arriba espuestos sera: si Tejas debe quedar en poder de los 
Estados Unidos por el derecho de anexacion que alega, 6 por com- 
pra que trate de hacer de esos terrenos a la repiiblica Mexicana. — 
Igualmente. 

El gobierno Mc::icano no reconoce otro titulo que el de negoci- 
23 



[52] 



370 



acion. Sobre estos particulares, los comisionados Mexicanos sab- 
ran desarrollar la cuestion de la manera mas conveniente a los in- 
tereses y derechos nacionales; y se deja a su saber fijar en su punto 
de vista lo convenientc en el particular. Deben saber por supuesto, 
que no pudiendo sacar rnayores ventajas sobre el territorio de Te- 
jas el gobierno cree que no puede hacerse mas concesion que la 
del limitellamado y reconocido por la provincia de Tejas, sin es- 
ceder los limites de esta del Rio de las Nueces, que es su natural 
lin 'ero y de ninguna manera hasta el Rio Bravo; pero al cederse 
la provincia de Tejas, debe sacarse cuando menos la ventaja de 
que los Estados Unidos ofrezcan dar por transijida »la deuda reco- 
nocida por Mexico y las demas pendientes por reconocer y por 
liquidar. Esto so entiende, por prestarse el gobierno a negociar: 
pero por precio de los terrenos pagaran los Estados Unidos el ter- 
mino medio del precio que han fijado ellos mismos en sus regla- 
mentos de ventas de tierra. Queda en este caso en la obligacion 
el gobierno de los Estados Unidos y se compromete el gobierno 
Me.xicano a lo mis mo por su parte, a dejar coino territorio neutral 
diez leguas del Rio de las Nueces por su orilla derecha el Mexica- 
no y otras tantas el Americano por la izquierda, y en toda la linea 
divisoria de Tejas, de frontera con el territorio Mexicano, yara asi 
evitar cuestiones que pudieran ofrecerse entre las dos republicas si 
no puedara un terreno intermedio desocupado por ambas y como 
verdadero lindero el desierto que se marca. Acuyo efecto senora- 
brara'por ambas partes una comision cientifica de limites. 

4°. Si el comisionado de los Estados Unidos promoviese algo 
sobre la isla conocida por del P. Vagin, los comisionados Mexica- 
nos sostendran que debe quedar neutral para obviar diferencias 
que pudieran suscitarse en lo de adelante. 

5°. Respecto del territorio de Nuevo Mexico y Californias, se 
negaran absolutamente a ceder el todo d parte de sus terrenos, 
pues que enteramente es cuestion estrna a la de Tejas y Mexico 
ne quiere desprenderse de esta parte integrante que corresponde a 
la nacion; sin embargo, los comisionados haran decir al de los 
Estados Unidos, por que" derecho d con que intencion ha incluido 
en sus pretensiones el gobierno de los Estados Unidos a Nuevo 
Mexico y Californias. Si no quisiere decirlo, que conste. 

6°. En ultimo caso, despues de discv.tido el derecho de Mexico al 
terreno que se trata de emancipate, podra accederse unicamente al 
establecimiento de una factoria en el puerto de San Francisco, si 
asi lo pretendiesen, pero con tales restricciones que en ningun 
tiempo Mexico pueda ser reconvenido de que se ha desprendido de 
aquel puerto ni de su derecho de dominio que actualmente tiene; 
pudiendo limitarse, si fuere posible, a un tiempo determinado, que 
dien podra si se queire renovarse por nuevos tratados, con periodos 
de ocho afios, pagando en cada uno una suma que no baje de un 
millon de pesos como titulo de reconocimiento del derecho de 
'Mexico y su conservacion. 

7°. Sobre los privilegios que solicitaba el gobierno de los Esta- 
dos Unidos para navegar por el rio de Tehuantepec d traficar por 
cualquiera camino 6 via que se estableciese entre los dos mares, el 



371 [ 52 ] 

i 

gobierno Mexicano niega absolutamente toda concesion en el par- 
ticular, y en ultimo caso se ofrecera a lo mas, que el gobierno 
Mexicano tendra en consideracion lasbuenas relaciones que pudiere 
mantener el gobierno de los Estados Unidos con la republica Mex- 
icana, y con arrelgo a la confianza que le inspirare su conducta, no 
debe dudar de la reciprocidad de los Mexicanos en los mismos 
terminos que las demas naciones y nunca como Mexico. 

8°. No pueda consentir de ninguna manera el gobierno Mexicano 
en eximir del pago de derechos a'todos los efectos introducidos en 
sus puertos, procedentes de los Estados Unidos 6 de cualquiera otra 
nacion, desde la ocupacion de dichos puertos por las fuerzas de 
dichos Estados Unidos; y sera condicion precisa que para internar- 
los han de satisfacer los derechos que les correspondan por los 
aranceles actuales de la nacion, pues es demasiado conceder como 
lo efrece el gobierno Mexicano, que no caigan en la pena de comi- 
so, como debi(5 suceder por las ultimas leyes de la materia. En el 
caso de estar comprometidos con los importadoes los E>;tados Uni- 
dos, estos pagaran el todo de los derechos de importacion de nues- 
tro arancel, y los comerciantes pagaran los de internacion, con- 
sumo, &c. 

9°. El gobierno de los Estados Unidos se debe comprometer a 
retirar todas sus fuerzas de mar y tierra, tan luego como se firmen 
por ambas partes estos preliminares de paz, los cuales deberan que- 
dar sujetos a la ratificacion del Congreso Mexicano, como lo pre- 
viene la constitucion que rige al pais. 

10 Q . Al evacuar las tropas de los Estados Unidos el territorio 
Mexicano, han de entregar las fortalezas que ocupan, en la misma 
conformidad en que se hallaban cuando las ocuparon, esto es, con 
sus mismos canones y armamento reponiendo el que hayan de- 
struido. 

. 11°. Instaran nuestros comisionados por la indemnizacion de las 
fortunas de los Mexicanos arruinados por las tropas de los Estados 
Unidos y haran por conseguir habilmente que se comprometa aquel 
gobierno a oir y satisfacer las reclamaciones que sobre el particular 
se bicieren. 

Pagaran igualmente los gastos de la guerra que Mexico se ha 
visto obligado a hacer y que no ha provocado. 

Mexico, 30 de Agosto de 1847. 



Antonio Lopez de Santa Anna, General de Division, benemerito de 
la pdtria y presidente interino de los Estados Unidos Mexicanos, d 
que el presents vieren, sabed: 

Que estando nombrados comisionados para oir las proposiciones 
de paz, que los Estados Unidos de America ban hecho por' medio 
del Sr. D. Nicolas P. Trist, el Exmo, Sr. general de division y di- 
putado al Congreso general D. Jos6 Joaquin de Herrera, el Sr. di- 
*putado al mismo Congreso Lie. D. Jose Bernardo Couto, el Sr. 
general de brigada D. Ignacio Mora y Villamil y el Sr. Lie. D. 



[ 52 ] 372 

Miguel Atristain, he venido en ampliarles la coraision para con- 
ferenciar y tratar con el espresado Sr. D. Nicolas P. Trist sobre el 
contenido de las mismas proposiciones, dandoles y confiriendoles 
al efecto los plenos poderes neeesarios en virtud de la confianza 
qne me raerecen por su notoria ilustracion y acreditado patriotismo, 
• on tal de que cuanto convinieren y trataren quede su jeto a la 
aprobacion y ratificacion constitucional. Al mismo tiempo he ve- 
nido en autorizar al Sr. D. Miguel Arroyo para que asista y acom- 
pafie a los espresados comisionados en clase de secretario e inter- 
prete, por concurrir en este individuo las mismas circunstancias 
que enaquellos. 

En fe de lo cual he mandado estender el presente, firmado de mi 
mano, autorizado con el sella nacional y refrendado por el secre- 
tario de estado y del despacho de relaciones interiores y esteriores, 
en el palacio federal de Mexico a los treinta dias del mes de 
Agosto del ano del senor de mil ochocientos cuarenta y siete, 
vigesimo septimo de la independencia. 

[l. s.J ANTONIO LOPEZ DE SANTA ANNA. 

J. R. Pacheco. 



Tengo el honor de remitir a V. E. y V. SS. el pleno poder que 
el Exmo. Sr. presidente interino de la republica se ha servido con- 
i'erirles, para que en clae de comisionados pasen a tratar con el de 
los Estados Unidos de America sobre las proposiciones de paz que 
ha presentado. Igualmente lo tengo de acompanarles las instruc- 
ciones* a que deben sujetarse en el desempeiio de tan interesante 
comision, bajo el concepto de que nada que esceda los limites pre- y 
scritos en ellas, podran V. E. y V. SS. acordar ni firmar sin previa 
autorizacion que solicitaran del supremo gobierno por conducto de 
este Ministerio, dando siempre cuenta de cuanto se pretenda d 
exiga por los Estados Unidos contra el tenor de las espresadas in- 
trucciones, de los cuales no podran V. E. y V. SS. hacer uso os- 
tensible en ningun caso para con el comisionado de aquella repub- 
lica. 

Reitero a V. E. y V. SS. las seguridades de mi particular con- 
gideracion y aprecio. 

Dios y libertad! Mexico, Agosto 30 de 1847. 

PACHECO. 

Exmo. Sr. General D. Jose Joaquin de Herrera, y Senores Lic7 
D. Jose Bernardo Couto, General D. Ignacio Mora y Villa- 
mil, y Lie. D. Miguel Atristain. 



Exmo. Sr: Habiendo examinado las bases e instrucciones que V. 
K. se ha servido acompanarnos en la msnana de hoy, para proseguir 

* Las acordadas con \ista de las prelensiccef de Jos Estados Umdos, y las que eitaban 
rote^adas desde el dia 24. 



373 [ 52 ] 

la negociacion que se ha abierto con el rninistro de los Estados 
Unidos, creemos de nuestro deber manifestar desde luego al su- 
premo gobierno, con la franqueza de hombres de bien, que sobre 
las dichas bases e instrucciones nos es imposible encargarnos de la 
negociacion, porque nos encontrarnos sin la capacidad necessaria 
para ejecutarlas como es debido. 

Rogamos, pues, al supremo gobierno se digne tener por no 
aceptada de nuestra parte la plenipotencia con que su bondad ha 
querido honrarnos. 

Dios y liberated! Mexico, Agosto 31 de 1847. 

JOSE J. HERRERA. 

BERNARDO COUTO. 

IGNACIO DE MORA Y VILLAMIL. 

MIGUEL ATRISTAIN. 

JOSE MIGUEL ARROYO, Secretario. 

Exmo. Sr. Ministro de Relaciones. 



Dada cuenta al Exmo. Sr. presidente con el oficio de V. E. y V. 
SS. de esta manana en que renuncian la comision que se ha servido 
conferirles para tratar con el comisionado de los Estados Unidos 
bajo las bases e instrucciones que acompane a mi comunicacion de 
ayer, S. E. despues de la conferencia tenida* con V. E. y V. SS. 
mismos y en consejo de ministros,ha tenido a bien resolver, se am- 
plien esas instrucciones en el sentido de que se ajusten a ellas en 
cuanto les sea posible; pero avini6ndose a algunas modificaciones 
que las circunstancias del pais exigen y a las facilidades a que abra 
la puerta la misma discusion. En una palabra, el supremo gobierno 
ha escogido a V. E. y V. SS. como tantas veces les ha escogido la 
nacion, por el conocimiento que tiene de su ilustracion y patrio-tis- 
mo, y pone en sus manos el honor y los intereses de nuestra patria. 

Dios y libertad! Mexico, 31 de Agosto de 1847. 

PACHECO. 
Exmo. Sr. General D. Jose Joaquin de Herrera, y Sres. Lie. D. 

Bernardo Couto, General D. Ignacio de Mora y Villamil, y 

Lie. D. Miguel Atristain. 



Exmos. Sres: Tornado en consideracion el informe verbal que se 
servieron dar V. E. y V.SS. al supremo gebierno, de las conferen- 
cias tenidas con el comisionado de los Estados Unidos: visto 61 bor- 
rador del articulo sobre limites que les presento, ofreciendo que si 
era aceptado por Mexico consultaria a su gobierno, en razon de no 
poder por si solo conforme a sus actuates instrucciones, prescindir 
del territorio sito en;re el Bravo y el Nueces: y examinada de nue- 
"v* la cuestion bajo todos los aspectosque debia mirarse,ha resuelto 
•en junta de ministros se diga a V. E. y V.SS. como tengo el henor 
de hacerlo, que no modificandose esa proposicion bajo el derecho 
reconocido a Mexico de deliberar, y el caracter de negocio en las 
pretensiones de l.>s Estados Unidos, no deja su comisionado otro 



[52] 



374 



arbitrio al gobierno Mexicano, que el qae sugiere el honor y el es 
el que cierra la puerta a toda posibilidad de hacer la paz. 

Por restituir este gran bien a la nacion se avenia el gobierno - 4 
ceder a Tejas y una parte de la Alta. California, hasta las fronteras 
del Oregon, en los te>minos que se dijo a V. E. y V. SS. en las in- 
strucciones: pero ni aun con la reserva de que lo aprobara el con- 
greso^e prestaria el gobierno a ceder mas,niaNuevo Mexico cuyos 
habitantes han manifestado suvoluntad de hacer parte de la familia 
Mexicana, con mas entusiasmo que en ninguna otra parte de la re- 
publica. Esos benemeritos Mexicanos abandonados a su suerte por 
algunas administraciones, sin proteccion ninguna muchas veces, ni 
aun para ponerles al abrigo de las incursiones de los barbaros, han 
sido los Mexicanos mas verdaderamente patriotas, porque olndando 
las quejas domesticas que tienen, no se han acordado en esta vez 
mas que de que son y quieren ser de la familia: esponiendose y sac- 
rifiiandose ya muchos a la venganza de los invasores,se han levan- 
tado contra ellos, y desconcertados 6 descubiertos sus planes y frus- 
tradas sus conjuraciones, se han vuelto a conjurar. Y j,a estos 
Mexicanos iria un gobierno & venderles como rebano? jjamas! y 
perezca por ellos la nacionalidad del resto de la republican perece- 
remos juntos. 

No es esto decidir con elaciones, ni con afectada nobleza cues- 
tiones de alta politica, para las cuales se dice no debe haber en el 
hombre de estado mas que frialdad de calculo. Bien sabe el go- 
bierno las vicisitudes de las naciones, y que no hay en el dia una 
sola en la tierra que sea como primitivamente fue, ni eomo comien- 
za a hablar de su origen su respectiva historia; pero a los ojosmis- 
mos de los gabinetes de Europa son injustas las pretensiones de 
engrandecimiento cuando hieren nacionalidades respetables y resis- 
tentes. Bien podrian nuestros compatriotas quedar en su pais con- 
servando su nacionalidad y sus propiedades; pero lo que se diga de 
ellos por esta parte, se podria decir de todos los Mexicanos, esto es, 
que quedaran estrangeros en su prVpia patria, y si seria un horror 
hacer tal propuesta a todos los Mexicanos, lo es igualmente el acep- 
tarlo para la menor parte de ellos. Bien podrian entrarse a los 
dominios que quedaran a su patria, vendiendo a mejor precio del 
que hoy tienen sus prQpiedades, y si se quiere, aumentandoseles 
estas con terrenos nacionales, y reparandoles con lo mismo que los 
Estados Unidos ofrecen de indemnizacion el transtorno que sufrie- 
sen por mudar de pais y domicilio; pero no es el gobierno Mexicano 
el que pondra a precio la adhesion de un conciudadano suyo al suelo 
en que nacio. 

Estas consideraciones suben de punto en la posesion del Rio Bravo, 
porque no es solo la existencia de todo el sistema de hacienda lo 
que se interesa en ella, sino la nacionalidad del resto de la repub- 
lica, para cuya perdida bastaria el trascurso dediez afios con eles- 
piritu emprendedor y de inundacion de nuestros vecinos, y la infaa- 
cia en que nosotros nos hallamos. Si el comisionado de los Estados 
Unidos no puede por sus instrucciones prescindir de esta pretension, 
taropoco el gobierno Mexicano puede convenir en que se prolongue 
por cuarenta y cinco dias el armisticio,'para consultar al gobierno 
de Washington. 



375 ' [ 52 ] 

Pues que se ofrece una indemnizacion por el territorio que se 
pretende, pues que aquel a que con razon 6 sin ella se puede alegar 
el derecho de la guerra,y valga este derecho lo que valiere en esta 
siglo, es solo Tejas, no comprende el gobierno Mexicano cdrao se 
,exigen estos humillantes sacrificios conio eondicion para hacer la 
paz, despues de tantas protestas corao ha hecho el de los Estados 
Unidos, de que ella seria equatativa y honrosa. Si su derecho es , 
el de la fuerza, y la cree tener bastante para posesionarse del ter- 
ritorio, que dice quiere comprar, ic6mo puede de buena fe llamar 
equitativo y honroso haberse metido en ei territorio que no pre- 
tente, asolando las ciudades y matando a nuestros conciudadanos, 
que en nada le han ofendido, y venir a la capital a que se le venda 
por fuerza'? En presencia de estas consideraciones, no se detiene 
el gobierno a calcular los elementos de la nacion para continuar la 
guerra; su deber es hacerla con los que tenga. 

En Nuevo Mexico, y en las pocas leguas que median entre la de- 
recha del Nueces y la izquierda del Bravo, es a la paz 6 la guerra. 
Si el comisionado de los Estados Unidos no deja al gobierno Mex- 
icano escoger mas que. entre esta cesion y su muerte, en vano le 
mandd su gobierno; desde antes pudo asegurar, se cual habia de ser 
la respuesta. 

Si tambien los Estados Unidos han hecho su eleccion, y prefieren 
la violenciap nuestra humillacion, ellos seran los que den cuenta. a 
Dios y al mundo. 

Digoloa V. E. y H. SS. de orden del Exmo. Sr. Presidente, ofre- 
eiendoles mi distinguida consideracion. 

Dios y libertad! Mexico, Setiembre 5 de 1847. 

J. R. PACHECO. 
Exmo. Sr. General de Division, Diputado, D. Jose Joaquin de 

Herrera, y Sres. Diputado D. Bernardo Couto, General D. 

Ignacio Mora y Villamil, y Lie. D. Miguel Atristain. 



CONTRA-PROYECTO. 

1°. Habra paz firme y universal entre la repiilica Mexicano y los 
Estados Unidos de America, y entre sus respectivos territorios, ciu- 
dades, villas y pueblos, sin escepcion de lugares ni personas. 

2°. Todos los prisioneros de guerra hechos por ambas partes, 
tanto por mar como por teirra, seran devueltos immediatamente 
despues de la firma del presente tratado. Ademas se conviene, que 
si algunos Mexicanos existen ahora cautivos en poder de cualquier 
tribu salvage dentro de los limites que por articulo 4°, van a fijarse 
a los Estados Unidos, el gobierno de dichos Estados Unidos exigira 
la entrega de ellos, y que sean restituidos a su libertad y a sus ho- 
ga'res en Mexico. 

3°. Inmediatamente despues del cange de las ratificaciones de 
este tratado, seran devueltos a la repiiblica Mexicana, todos los 
fuertes, territorios, lugares y posesiones que se le hayan tornado u 
ocupado en la presente guerra, dentro de los limites que para la 
misma repiiblica van a fijarse en el articulo 4. Le sera devuelta 



[52] 



376 



igualmente la artilieiia, pertrechos y munierones que habia en los 
eastillos y plazas fuertes cuando cayeron en poder de las tropas de 
los Estados Uniilos. Respecto de la artilleria tornado fuera de los 
espresados castillos y plazas fuertes, se devolvera a Mexico la que 
exista en poder de las tropas de los Estados Unidos a" la fecha de la 
firma del presente tratado. 

4°. La linea divisbria entre las dos repiiblicas, comenzara en el 
goifo de Mexico ties leguas fuera de tierra, enfrente de la erabo- 
cadura austral de la bahia de Corpus Christi; correra eh linea recta 
por dentro de dicha bahia hasta la embocadura del rio de lasNueces; 
seguira luego por rnitad de este rio ento do su curso hasta su naci- 
iniento; desde de el nacimiento~del rio de las Nueces se trazara una 
linea recta hasta encontrar la frontera actual del Nuevo Mexico 
por la parte este-sur-este; se seguira luego la frontera actual del 
Nuevo Mexico por el Oriente, Norte y Poniente, hasta tocar por 
este ultimo viento al grado 37, el cual servira de liraite a arabas 
republicas desde el punto en que toca la dicha frontera de Poni- 
ente del Nuevo Mexico hasta el mar J'acifico. El gobierno de 
Mexico se compromete a no fundar nuevas poblaciones, ni estab- 
lecer colonias en el espacio de tierra que queda entre e rio de las- 
Nueces y el rio Bravo del Norte. 

5°. En debida compensation de la extension que adquieren, por 
el articulo anterior los antiguos limites de los Estados Unidos, el 
gobierno de dichos Estados Unidos se obliga a entregar al de la 

republica de Mexico la suma de la cual se pondra en la 

ciudad de Mexico a disposicion del dicho gobierno de la republica 
Mexicana en el acto de cangearse las ratificaciones del presente 
tratado. 

6°. Se obliga ademas el gobierno de los Estados Unidos, a tomar 
sobre si, y satisfacer cumplidamente a los reclamantes, todas las 
cantidades que hasta aqui se Its deben y cuantes se venzan en ade- 
lante, por razon de los reclamos ya liquidados y sentenciados con- 
tra la republica Mexicana, corforme a los convenios ajustados entre 
ambas republicas el 11 de Abril de 1839, y el 30 de Enero de 1843; 
de manera que la republica Mexicana nada absolutamente tendra 
que lastar en lo venidero, por razon de los indicados reclamos. 

7°. Tambien se obliga el gobierno de los Estados Unidos a tomar 
sobre si y pagar cumplidamente todos los reclamos de ciudadanos 
suyos, no decididos aun contra la republica Mexicana, cualquiera 
que sea el titulo 6 motivo de que procedan, 6 en que se funden los 
indicados reclamos, de manera que hasta la fecha del cange de las 
ratificaciones del presente tiatai.o, quedan saldadas definitivamente, 
y para siempre, las cuentas de todo genero que existan 6 puedan 
suponerse existentes entre el gobierno de Mexico y los ciudadanos 
de Jos Estados Unidos. 

8°. Para que el gobierno de los Estados Unidos satisfaga, en ob- 
servancia del articulo anterior, los reclamos no decididos aun de 
ciudadanos suyos contra la republica Mexicana, se establecera por 
el gobierno de dichos Estados Unidos un tribunal de comisionados, 
cuyas decisiones seiun definitivas y concluyentes, siempre que al 
decidir sobre la validez de cualquiera demanda se haya ajustado a 
los principios y reglas que se establecieron en los articulos 1°. y 



377 [ 52 ] 

5°. del convenio no ratificado que se celebro en Mexico el uia 20 de 
Novienibre de 1843, y en ningun caso se dara sentenijia en favor de 
reclarao alguno que no se ajuste a las precitadas reglas. Si el tri- 
bunal de comisionados estimare necesario para la justa decision de 
iilguna de^nanda tener a la vista algunos libros, registros d docu- 
mentos que existan en poder del gobierno de Mexico, los pedira a 
este el gobierno de los Estados Unidos, y le seran remitidos origi- 
nales, 6 en testimonios fehacientes para que pasen el dicho tri- 
bunal, bien entendido que no se hara por el gobierno delosEstados 
Unidos peticion alguna de los enunciados libros, registros d docu- 
mentos, antes de que hayan sido espeeificados en cada caso bajo la 
religion del juramento,d con aseveracion juidica por la parte actora 
en el.reclamo, los hechos que pretenda probar con ostales libros, 
registros d documentos. 

9°. Todos los templos, casas y edificacios dedicados a actosd ejer- 
cicios del culto catdlico en territorios pertenecientes antes a la 
republica Mexicana, y que por el art. 4° de este tratado quedan 
para lo succesivo dentro de los limites de los Estados Unidos, con- 
tinuaran dedicados a los mismos actos y ejercicios del culto ca- 
tdlico sin variacion alguno, y bajo la especial proteccion de las 
leyes. Lo mismo suqedera con los bienes rnuebles e inmuebles que 
dentro de los espresados territorios esten dedicados al mantenimi- 
ento del culto catolico, d al de escuelas, hospitales y demas estab- 
lecimientos de caridad d beneficencia. Finalmente, las relaciones 
y comunicacion de los catdlicos existentes en los inismos territo- 
rios, con sus respectivas autoridades eclesiasticas, seran francas, 
libres y sin embarazo alguno, aun cuando las uichas autoridades 
tengan su residencia dentro de los limites que quedan marcados a 
la republica Mexicana en este tratado mientras no se haga una 
nueva deniarcacion de distritos eclesiasticos, con arreglo a las leyes 
de ia Iglesia catdlica. 

10°. Los Mexicanos residentes en territorios pertenecientes antes 
a Mexico, y que quedan ahora dentro de los limites demarcados a 
los Estados Unidos, podran en todo tiempo trasladarse a la repub- 
lica Mexicana conservando en los indicados territorios los bienes 
que poseen, d enagenandolos y trasladando su valor a donde les 
convenga, sin que t or esto pueda exigirseles de parte de los Es- 
tados Unidos ningun genero de contribucion, gravamen d impuesto. 
Si las personas de que se trata, prefieren permanecer en los terri- 
torios en que ahora habitan, podran conservar el titulo y los dere- 
chos de ciudadanos Mexicanos; d adquirir desde luego el titulo j 
derechos de ciudadanos de los Estados Unidos si asi lo quisieren. 
Mas en todo caso ellos y sus bienes disfrutaran de la mas amplia 
garantia. 

11°. Todas las concesiones de tierras, hechas por autoridades 
Mexicanas en territorios pertenecientes antes a la republica y que 
por este tratado quedan para lo futuro dentro de los limites de los 
Estados Unidos, son validas y subsistentes, y seran sostenidas y 
guardadas en todo tiempo por el gobierno de los dichos Estados 
Unidos. 

12°. La republica de los EstadosUnidos se compromete solemne- 
mente a no admitir en lo de adelante la agregacion a ella de ningun 



[52] 



378 



distrito, 6 territorio comprendido en los limites que por el presente 
tratado se senajan a la republica Mexicana. Este solemne compro- 
mise tiene el caracter de condicion de las cesiones territoriales que 
ahora hace Mexico a la repiibliea de Norte America. 

13°. Todos los efectos existentes en los puertos Mexicanos ocu- 
pados por las tropas Norte Americanas satisfaran los derechos que 
establece el arancel de la repiibliea Mexicana siempre que no los 
hayan satisfecho anteriormente a la misma republica; pero no in- 
curriran en la pena de comiso. 

14°. El gobierno de los Estados Unidos satisfara en terminos de 
justicia los reclamos de los ciudadanos Mexicanos por los perjucios 
que de parte de las tropas Norte Americanas han resentido en sus 
intereses. 

15°. El presente tratado sera ratificado, &c. 



Casa de Alfaro en la Calzada de Chapultepec, 

Septiembre 6 de 1847. 

Los infrascritos comisionados por el gobierno de la re-Dublica 
Mexicana para concertar con V. E. un ajuste de paz, al poner en 
sus manos el contraproyecto que han formado con arreglo a las 
ultimas instrucciones de su gobierno, estiman oportuno acompanarlo 
de las observaciones que contiene esta nota, las cuales serviran para 
poner mas en claro las pacifica:; disposiciones de Mexico en la con- 
tienda que desgraciadamente divide a ambos paises. El art. 4 del 
proyecto que V. E. se sirvio entregarnos la tarde del 27 de Agosto 
proximo pasado, y sobre el cual han rodado nuestras conferencias 
posteriores, importa la cesion por parte de Mexico. — 1°, del Estado 
de Tejas. — 2°, del territorio, fuera de los limites de dicho Estado, 
que corre a la orilla izquierda del Bravo hasta la frontera meridio- 
nal de Nuevo Mexico. — 3°, de tod© e! Nuevo Mexico. — 4°, de las 
dos Californias. 

La guerra que hoy existe, se ha empenado vinicamente por razon 
del territorio del Estado de Tejas, sobre el cual la republica de 
Norte — America presenta como titulo la acta del mismo Estado en 
que se agregd a la confederacion Norte- Americana, despues de haber 
proclamado su independencia de Mexico. Prestandose la republica 
Mexicana (como hemos manifestado a V. E. que se presta) a con- 
sentir, mediante la debida indemnizacion, en las pretensiones del 
gobierno de Washington sobre el territorio de Tejas, ha desapare- 
cido la causa de la guerra, y esta debe cesar, puesto que falta todo 
titulo para continuarla. Sobre los demas territorios comprendidos 
en el articulo 4 del proyecto de V. E., ningun derecho se ha ale- 
gado hasta ahora por la republica de Norte-America, ni creemos 
posible que se alegue alguno. Ella, pues, no podria adquirirlos 
sino por titulo de conquista, 6 por el que resultara de la cesion y 
venta que ahora le hiciese Mexico. Mas como estamos persuadidos 
de que la republica de Washington no solo repelera absolutamente 
sino que tendra en odio el primero de estos titulos; y como por otra 
parte fuera cosa nueva y contraria a toda idea de justicia el que se 
hiciese guerra a un pueblo por sola la razon de negarse el a vender 



379 [ 52 ] 

cl territorio que un vecino suyo pretende comprarle; nosotros espe- 
ramos de la justicia del gobierno y pueblo de Norte-America, que 
las amplias modificaciones que tenemos que piyDponer & las cesiones 
de territorio (fuera de el del Estado de Tejas) que se pretenden en 
el citado articulo 4°, no sera motivo para que se insista en una gu- 
erra que el digno general de las tropas Norte Ainericanas justarnente 
ha calificado ya de desnaturalizada. 

En nuestras conferencias hemos hecho presente a-V. E. que Mex- 
ico no puede ceder la zona que queda entre la margen izquierda del 
Bravo y la derecha del Nueces. La razon que para esto se tiene, 
no es solo la plena certeza de que tal territorio jamas ha pertenecido 
al Estado de Tejas; ni tampoco el que se haga de 6\ grande estimaj 
considerado en si mismo. Es que esa zona, con el Bravo a su es- 
palda, forma la frontera natural de Mexico, tanto en el orden mili- 
tar como en el de comercio; y de ningun pueblo debe pretenderse, 
ni puede, ningufi pueblo, consentir en abandonar su frontera. Mas 
para alejar todo motivo de duelo en el porvenir, el gobierno, de 
Mexico se compromete a no fundar nuevas problaciones, ni estable- 
cer colonias en el espaeio intermedio entre los dos rios: de modo 
que conservandose en el estado de despoblacion en que hoy se halla, 
preste igual seguridad a ambas republicas. La conservacion de este 
territorio es segun nuestras instrucciones una condition sine qua non 
de la paz. Sentimientos de honor y delicadeza (que el noble ca- 
racter de V. E. sabra estimar dignamente) mas todavia que un cal- 
culo de intereses, impiden a nuestro gobierno consentir en la des- 
membracion de Nuevo Mexico. Sobre este punto creeroos superfiuo 
agregar nada a lo que de palabra hemos tenido la honra de espo- 
nerle en nuestras conferencias. 

La cesion de la Baja California, poco provechosa para la repiib- 
lica de Norte-America, ofrece grandes embarazos a Mexico, con- 
siderada la posicion de esa peninsula frente a nuestras costas de 
Sonora, de las cuales la separa el estrecho golfo de Cortes. V. E. 
ha dado todo su valor & nuestras observaciones en esta parte, y con 
satisfaccion le hemos visto ceder a ellas. Bastaria el hecho de con- 
servar Mexico la Baja California, para que le fuese indispensable 
guardar una parte de laAlta,pues de otra manera aquella peninsula 
quedaria sin comunicacion por tierra con el resto de la repiiblica; 
lo cual es siempre de grande embarazo, especialmente para una po- 
tencia no maritima como Mexico. La cesion que por nuestro gobi- 
erno se ofrece (mediante la debida compensacion) de la parte de la 
Alta California que corre desde el grado 37 arriba, no solo propor- 
ciona a los Estados-Unidos la ad quisicion de un escelente litotal, 
de fertiles terrenos y tal vez de minerales intactos, sino que le pre- 
senta la ventaja cbe continuar por alii sin interrupcion s-us posesiones 
del Oregon. La sabiduria del gobierno de Washington y la loable 
aplicacion del pueblo Americano, sabran sacar dpimos frutos de la 
importante adquisicion que ahora le ofrecemos. 

En el art. 8 del proyecto de V. E., se pretende la concesion de 
un paso libre por el istmo de Tehuantepec para el mar del sur, en 
favor de los ciudadanos Norte-Americanos. Verbalmente hemos 
manifestado a V. E. que hace algunos afios esta otorgado por el go- 
bierno de la republica a un empresario particular, un priyilegio 



[52] 



380 



sobre esta materia, el cual fue luego enagenado con autorizacion del 
inismo gobierno a siibditos ingleses, de cuyos derechos no puede 
disponer Mexico. V. E., pues, no estranara que en este punto no 
accedainos a los deseos de su gobierno. 

Heeinos entrado en esta sencilla esplicacion de los motivos que 
tiene la republica para no prestarse a enagenar todo el territorio 
que se le pjde fuera del Estado de Tejas, porque deseamos que el 
gobierno y pueblo Norte-Americanos se persuadan de que nuestra 
negativa parcial no procede de sentimientos de aversion, engendra- 
dos por los antecedentes de esta guerra, 6 por lo que en ella se ha 
hecho padecer a Mexico, sino que descansa en consideraciones die- 
tadas por la razon y la justicia, que obrarian en todo tiempo res- 
pecto del pueblo mas amigo, y en medio de las raciones de mas 
estrecha amistad. Las demas alteraciones que hallara V. E. en 
nuestro contraproyecto, son de menor momento, y creemos que no 
habra contra ellas objecion iraportante. De la que se contiene en 
el art. 12, se ha hablado antes de ahora en el pais de V. E.; y no- 
sotros nos lisongeamos de que la lealtad de su gobierno no rehu- 
sara contraer un empeno tan conforme a la honradez, y a la buena 
armonia en que deben vivir los pueblos vecinos. 

: La paz entre ambos paises quedara mas sdlidamente establecida, 
si una potencia amiga (la Inglaterra) que tan noblemente ha ofre- 
cido sus buenos oficios a Mexico y los Estados Unidos en la pre- 
sente contienda, se prestara ahora a otorgar su garantia para la fiel 
guarda del tratado que se ajuste. EI gobierno de Mexico entiende 
que seria muy conveniente solicitar esa gatrantia. 

Nos ordeno nuestro gobierno recomendar a V. E. que su resolu- 
cion sobre el contraproyecto que tenemos el honor de presentarle, 
se sirva comunicarla dentro de tres dias. 

La obra buen y saludable de la paz no podra en nuestro juicio 
llevarse a feliz termino, si cada una de las partes contendientes no 
se resuelve a abandonar algunas de sus pretensiones originales. 
Siempre ha sucedido esto, y las naciones todas no han dudado en 
tales casos hacer grandes sacrificios por apagarla llama a'soladora 
de la guerra. Mexico y los Estados Unidos tienen razones especi- 
ales para obrar asi. No sin rubor debemos confesar que estamos 
dando a la humanidad el escandalo de dos pueblos cristianos, de 
dos republicas al i'rente de todas las monarquias, que se hacen mii- 
tuamente todo el mal que pueden por disputas sobre limites, cuando 
nos sobra tierra que poblar y cultivar en el hermoso hemisferio en que 
nos hizo nacer la Providencia. Nosotros nos atrevemos a recom- 
endar estas consideraciones a V. E., antes de que tome una resolu- 
cion definitiva sobre nuestras proposiciones. Nos honramos en 
ofrecerle con este motivo toda nuestra atencion y respeto. 

JOSE J. DE HERRERA. 

BERNARDO COUTO. 

IGNACIO MORA Y VILLAMIL. 

MIGUEL ATRISTAIN. 

A. S. E. el Sr. D. -Nicolas Trist, 

Cornmisionado con plenos poderes por el gobierno de los Esta- 
dos Unidos cerca del gobierno de la republica Mexicano. 



381 [ 52 ] 

Contestaciones habidas entre el senor general- en- gefe del ejercito de 
los Estados Unidos y el supremo gobierno de la republica Mexi- 
cana. 

CUARTEL GEN. DEL EJERCITO DE LOS EsTADOS UnIDOS DE AMERICA, 

Tacubaya, Setiembre 6 de 1847. 

Senor: El articulo 7° asi como el 12 que estipulan que el trdfico 
del comercio de ningun modo se interrumpird, del armisticio d con- 
vencion militar que tuve el honor de ratificar y cangear con S. E. 
el 24 de Agosto ultimo, han sido repetidas veces violados poco des- 
pues de firmado el armisticio por parte de Mexico, y ahora tengo 
muy buenas razones para creer que en las 48 ultimas horas, si no 
antes, el articulo 3° de la convencion fue igualmente violado por 
la misma parte. Estos ataques directos a la buena fe dan a este 
ejercito un pleno derecho para romper las hostilidades contra Mex- 
ico sin anunciarlas antes; pero concedo el tiempo necesario para 
una esplicacion, una satisfaccion y una reparacion, si es posible, 
pues de lo contrario declaro ahora mismo formalmente, que si no 
recibo une satisfaccidn completa de todos estos cargos antes de las 
doce del dia de manana, considerare el espresado armisticio como 
terminado despues de aquella bora. 

Tengo el honor de ser de V. E. obediente servidor, 

WINFIELD SCOTT. 

A. S. E. el Presidents y General-en-gefe 

de la Republica de Mexico. 

Es copia de la traducion. — Mexico, Setimbre 7 de 1847. 

JOSE DE ROMERO. 



CuARTKL C >'"'RRAL DEL EJERCITO DE LA REPUBLICA MeXICANA, 

Mexico, Setiembre 6 de 1847. 
son: Po. la nota de V. E. de esta fecha me he enterado con 

:.< tsa, que cmsidera violados por las autoridades civiles y mili- 
'.arcH iVK'xicanas, los articulos 7, 12, y 3 del armisticio que conclui 
con V. E. el dia 24 del mes pasado. 

Las autoridades civiles y militares Mexicanas no han impedido 
el paso de viveres para el ejercito Americano, y si alguna vez se 
ha retardado su remision, ha sido precisamente por la iraprudencia 
de los agentes Americanos, que sin ponerse previamente de acuerdo 
con las espresadas autoridades, han dado lugar a la eferveseencia 
popular que ha costado mucho trabajo al gobierno Mexicano repri- 
mir. Anoche y antes de anoche han estado listas las escoltas para 
la conduccion de viveres, y no se verifico su estraccion, porque asi 
lo quiso el Sr. Hargous, encargado de verificarlo. Las ordenes 
dadas para suspender el trafieo entre los dos ejercitos, se dirigid a 
los particulares y no & los agentes del eje-rcito de los Estados Uni- 
dos, puntualmente para hacerla mas espedita, reduciendola a este 
solo objeto. Eh cambio de esta conducta^V. E. ha prohibido a lor 



[52] 



382 



dueiios 6 administradores de los molinos de trigo de las inmediaci- 
ones de esta ciudad, la importacion de harinas en ella, lo que ha 
abierto una verdadera brecha en la buena fe que V. E. me pro- 
metia. 

Es falso que alguna obra nueva de fortificacion se haya erapren- 
dido, porque uno li otro reparo ha servido para restablecerlas en el 
estado que tenian el dia del armisticio, porque casualidades 6 con- 
veniencias del momento, habian hecho destruir las obras preexis- 
tentes. Muy anticipadas noticias habia adquirido del estableci- 
miento de una bateria cubierta con la tapia de la casa llamada de 
Garay, en esa villa, y no habia reclamado, porque la paz de dos 
grandes republicas no podia hacerse de pender de cosas, graves en 
si mismas, pero que valen poco respecto del resultado en que se 
interesan todos los amigos de la humanidad y de la felicidad del 
continente Americano. 

No sin dolor y aun indignacion, he recibido communicaciones de 
las ciudades y pueblos ocupados por el ej£rcito de V. E. sobre la 
violacion de los templos consagrados al culto de Dios, sobre el 
robo de los vasos sagrados y profanacion de las imagenes que ve- 
nera el pueblo Mexicano. Profundamente me ha afectado de las 
quejas de los padres y esposes sobre la violencia ejercidas en sus 
hijas y esposas; y esas mismas ciudades y pueblos han sido saquea- 
dos no solamente con violacion de.l armisticio, sino "aun de los prin- 
cipios sagrados que proclaman y observan las naciones civilizadas. 
Silencio habia guardado hasta ahora por no entorpecer una nego- 
ciacion que prestaba esperanzas de terminaruna guerra escandalosa 
y que V. E. ha caracterizado con el nombre de desnoturalizada tan 
justamente. Mas no insistire er\ ofrecer apologias, porque no se 
me oculta que la verdadera, la indisimulable causa de las amena- 
zas de rompimiento de hostilidades que contiene la nota de V. E., 
es que nome he prestado a suscribir un tradado que menoscabaria 
considerablemente no solo el territorio de la republica, sino tam- 
bien esa dignidad y decoro que las naciones defienden a todo trance. 
Y si estas consideraciones no tienen igual peso en el animo de V. 
E. suya sera la responsibilidad ante el mundo, que bien penetra de 
parte de quien esta la moderacion y la justicia. 

Yo me lisongeo de que V. E. se convencera en medio de la calma, 
del fundamento de estas razones. Mas si por desgracia no se bus- 
care mas que un pretesto para privar a la primera ciudad del con- 
tinente Americano de un recurso para la parte inerme de su pobla- 
cion, de librarse de los horrores de la guerra, no me restara otro 
medio de salvarla; que repeler la fuerza con la fuerza, con la de- 
* cision y energia que mis altas obligaciones me prescriben. 

Tengo el honor de ser de V. E. muy obediente servidor, 

ANTONIO LOPEZ DE SANTA ANNA. 

A. S. E. el General Winfield Scott, 

General-en-gefe del ejercito de los Estados Unidos de America. 

Es copia de la original. — Mexico, Setiembre 7 de 1847. 

JOSE D. ROMERO. 



% 



383 [ 52 ] 

Exmo. Sr: Aunque cada dia hemos dado cuenta al supremo go- 
bierno de Io occurrido en nuestras conferencias con el Exmo. Sr. 
D. Nicolas Trist, comisionado con plenos poderes por los Estados 
Unidos, creemos sin embargo oportuno recapitular aqui por escrito, 
lo que de palabra hemos tenido la honra de esponerle largamente. 

La tarde del 27 de Agosto proximo pasado, nos reunimos por pri- 
mera vez en el pueblo de Atzcapuzalco. Cangeados los poderes, 
encontramos los del Sr. Trist ainplisimos para transigar todas las 
i differencias existentes entre Mexico y los Estados Unidos, fijar los 
limites de arabos paises, y ajustar definitivamente la paz. Los nues- 
tros estaban restringidos a recibir las proposiciones de su gobierno, 
si venian redactadas por escrito; y a consignarlas de acuerdo con 
el, el un mernorandun, si se nos hacian verbalmente. Como el Sr. 
Trist hubiese hecho alguna observacion sobre la limitacion de nues- 
tros podores, satisfacimos a ella manifestandole que llegada la sazon 
de tratar, se presentaria una autorizacion cumplida. Inmediata- 
mente nos entrego el proyecto de tratado, que aquella misma noche 
pusimos en raanos del Senor Presidente. Por conclusion nQS pro- 
puso el Sr. Trist, senalar para lugar de nuestras conferencias ulte- 
xiores, una-quinta de que se le habia hablado, sita en las inmedia- 
ciones de Chapultepec, y menos distante de Tacubaya, donde ha 
tenido el su residencia, y de M6xico donde estabamos. nosotros. 
Ofreciinos tomar noticia del lugar designado, y quedamos empla- 
zados para el siguiente dia. 

La conferencia en el se redujo a manifestarle que estabamos de 
acuerdo en la quinta que habia elegido (la que Hainan vulgarmente 
del inquisidor Alfaro) y a citar nuestra tercera reunion para el mier- 
coles 1° del corriente, por necesitar el gobierno los dias interme- 
dios para examinar con la madurez debida el proyecto presentado, 
fijar sobre el su resolucion, y darnos las instrucciones a que debia- 
mos ajustarnos. 

El miercoles exhibimos los plenos poderes que se sirvio confe- 
rirnos el supremo gobierno, y entramos con el Sr. Trist en larga 
aunque sosegada discusion, sobre los puntos capitales del proyecto, 
la cual ee continue por todo el jueves siguiente. De sus porme- 
nores hemos instruido al supremo gobierno: el punto en que por 
resultado de ella quedo la negociacion, fue este : el Sr. Trist se 
mostr6 dispuesto a abandonar su primera pretension sobre la Baia 
California y sobre una parte de la Alta, para que aquella pueda 
comunicarse por tierra con Sonora. Ofrecio que si no quedaba otro 
punto de diferencia para concluir la paz que ei relativo al territorio 
que se prolonga entre el Bravo y el Nueces, consultaria sobre 6\ a 
su gobierno con alguno esperanza de buen exito, si bien este paso 
debia ocasionar una demora de cuarenta y tantos dias en la ne«-o- 
ciacion. Mas la cesion del Nuevo Mexico por nue6tra parte era 
condicion de que no podia separarse, ni aun someterla a nueva con- 
sulta en Washington, por la plena certeza que tenia de que su go- 
bierno la considera como condicion sine qua ncn de la paz. Los 
" otros puntos que se tocan en el proyecto, nos parecieron allana- 
bles, adoptandose terminos de acomodamiento por" ambas partes: 
tal £ lo menos fue el juicio que formamos en las conferencias. 

Dada cuenta ai supremo gobierno de lo occurrido V. E. nos co- 



[52] 



384 



munic6 su final resolucion en nota de ayerj conforme a la cual y 
con aprobacion del gabinete en consejo de ministros, estendimos 
ininediatamente y entregainos en el misrao dia al Sr. Trist el con- 
tra-proyecto y nota, cuyas copias son adjuntas bajo los nuraeros 1 
y 2. Sin nueva discusion ofrecio contestar pa/a hoy, y lo ha hecho 
en efecto con el oficio de que es copia el nuraero 3. El pone ter- 
mino a la comision con que se sirvio" honrarnos el supremo gobier- 
no, si bien de un modo contrario al que sinceramente deseabamos 
y hemos procurado en toda la negociacion. 

R6stanos solo decir que en nuestras relaciones con el Sr. Trist, 
no hemos hallado sino motivos para apreciar su noble caracter; y 
que si alguna vez llega a consumarse la obra de la paz, sera por 
medio de negociadores adornados de las estimables prendas que en 
nuestro juicio distinguen a este ministro. 

Sirvase V. E. dar cuenta con todo al supremo gobierno, y recibir 
nuestra attncion y respeto. 

Dios y libextad! Mexico, a 7 de Setiembre de 1847. 

JOSE J. DE HERRERA. 

BERNARDO COUTO. 

IGNACIO MORA Y VILLAMIL. 

MIGUEL ATRISTAIN. 

Exmo. Sr. Ministro de Relaciones Interiores y Esteriores. 



[confidential. J 

Message from the President, in answer to the resolution of the 
Senate of the $th instant, relating to despatches from Nathaniel 
P. Trist. 



March 9, 1848. 
Read, and ordered to lie on the table. 



To the Senate of the United States: 

In answer to the resolution of the Senate of this date, requesting 
the President to communicate to that body, u confidentially, any 
additional despatches which may have been received from Mr. 
Trist, and especially those which are promised by him, in his let- 
ter to Mr. Buchanan of the 2d of February last, if the same have 
been received," I have to state, that all the despatches which have 
been received from Mr. Trist, have been heretofore communicated 
:o the Senate. 

JAMES K. POLK. 

Washington, "March 8, 1848. 



SFP -1 I - 
LE "i! bLt L] 1 



